Case Number: BC680747 Hearing Date: February 14, 2019 Dept: 2

Motion by Defendant, 7-Eleven, Inc. for Order Compelling Attendance of Plaintiff for Deposition and Production of Documents at Deposition; Request for Sanctions, filed on 1/15/19, is GRANTED. Plaintiff is ordered to appear for deposition and to produce documents as requested in the Notice of Taking Deposition as duly noticed by Defendant.

A party can move to compel another’s deposition where the deponent fails to appear for examination. Cal. Code Civ. Proc. § 2025.450.

Defendant sent a meet and confer letter to Plaintiff on 1/2/19 after Plaintiff failed to appear at his deposition. Motion, Ex. D. Plaintiff did not respond. Declaration of George Mallor, Jr., ¶ 10.

“(b) A motion under subdivision (a) shall comply with both of the following:

(1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document or tangible thing described in the deposition notice.

(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” Cal. Code Civ. Proc. 2025.450(b)(2).

The Court imposes sanctions of $968.15 against Plaintiff, Marse D. Kingsberry, II. Plaintiff has not shown substantial justification for failing to proceed with the deposition or failing to respond to Defendant’s efforts to meet and confer. No opposition has been filed. Cal. Code Civ. Proc. § 2025.450(g)(1). Such sanctions are payable within thirty (30) days.

Moving party is ordered to give notice.