Case Number: BC684977 Hearing Date: May 10, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

AMANDA NAUD,

Plaintiff(s),

vs.

FEDERAL EXPRESS CORP., ET AL.,

Defendant(s).

CASE NO: BC684977

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL DEPOSITION

Dept. 3

1:30 p.m.

May 10, 2019

Defendants served a notice of deposition on Plaintiff on 3/14/19, setting the deposition for 4/02/19. Plaintiff did not object, communicate, or appear. Defense Counsel attempted to meet and confer after the missed deposition, and Plaintiff did not respond. At this time, Defendants move to compel Plaintiff’s deposition, to compel production of documents at deposition, and seek to recover sanctions.

The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, but did not appear. Of note, the Court has not received opposition to the motion.

Trial is scheduled on 6/03/19, which means the deposition needs to go forward quickly. Defense Counsel may set the deposition on Defense Counsel’s terms with ten days’ notice to Plaintiff (notice extended per Code if by other than personal service).

The Court notes that the notice of deposition includes a demand for production of documents, which identifies 61 categories of documents subject to production. The notice of motion indicates Defendants seek an order compelling Plaintiff to produce all identified documents at her deposition. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). Defendant states, at page 6, lines 9-10 of the moving papers that there is good cause to require production of documents because the documents go to issues of liability and damages; this is patently insufficient to support an order compelling production of 61 separate categories of documents. The Court therefore declines to enter an order compelling Plaintiff to produce documents, but urges the parties to work together to resolve any issues concerning documents without court intervention.

Sanctions are mandatory. §2025.450(c). Defendants seek sanctions in the amount of $2130. Defense Counsel bills at the rate of $225/hour. The Court awards the requested .2 hours to draft meet and confer correspondence. The Court awards two hours to prepare the simple discovery motion. No opposition was filed and therefore no reply was necessary. The Court awards three hours of time to appear. The Court awards a total of 5.2 hours of attorney time at the requested rate of $225/hour, or $1170 in attorneys’ fees. The Court also awards the requested filing fee of $60.

Sanctions are sought and imposed against Plaintiff, in pro per; she is ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $1230, within twenty days.

Defendants are ordered to give notice.