Case Number: BC707810 Hearing Date: April 22, 2019 Dept: 2
Defendant’s Motion for Order Compelling Plaintiff, Dontay Carroll’s, Attendance and Testimony at Deposition; Request for Sanctions, filed on 3/15/19, is GRANTED.
Plaintiff, Dontay Carroll, is ordered to appear for deposition on 5/2/19 at 10:00 a.m. as duly noticed in Defendant’s Notice of Motion, 2:1-5. Cal. Code Civ. Proc. 2025.450(b)(2).
Plaintiff failed to appear for deposition as duly noticed for 12/18/18 and 1/28/19. Declaration of Yvonne Birch, ¶¶ 6-10. Defense counsel sent letters to Plaintiff’s counsel in an effort to meet and confer. Exhibits D and F.
The court imposes sanctions of $433.50 against Plaintiff, Dontay Carroll and counsel, Norman Gonor, for failure to submit to an authorized method of discovery, which constitutes a misuse of the discovery process. Cal. Code Civ. Proc. § 2025.450(g)(1); § 2023.010. Such sanctions are payable within thirty (30) days.
Moving party is ordered to give notice.