Case Number: 18STCV00145 Hearing Date: May 24, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

HONGVAN DUONG,

Plaintiff(s),

vs.

FAISAL & ADAM ENTERPRISES, INC., ET AL.,

Defendant(s).

CASE NO: 18STCV00145

[TENTATIVE] ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO COMPEL DEPOSITION

Dept. 3

1:30 p.m.

May 24, 2019

Plaintiff has noticed Defendant’s PMKs’ and employees’ depositions on multiple occasions. Defendant has not, to date, appeared for deposition. On 4/05/19, Plaintiff took a certificate of non-appearance. At this time, Plaintiff moves to compel Defendant’s depositions, to compel production of documents at deposition, and to recover sanctions.

The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel a deposition unless the deponent has served a valid objection to the notice of deposition. Defendant did not object to the notice of deposition, but did not appear. Of note, any opposition to the motion was due on or before 5/13/19. The Court has not received opposition to the motion.

Trial is scheduled on 4/08/20, which means there is no urgency in connection with scheduling the depositions. Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Defendant’s depositions. The depositions must go forward within thirty days. If Counsel are unable to resolve this issue, Plaintiff’s Counsel may set the depositions on Plaintiff’s Counsel’s terms with five days’ notice to Defense Counsel (extended per Code if by other than personal service).

The Court notes that the notice of deposition includes a demand for production of documents, and Plaintiff seeks an order compelling Defendant to produce all identified documents at its depositions. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). There is no discussion of good cause; the Court therefore declines to enter an order compelling Defendant to produce documents, but urges the parties to work together to resolve any issues concerning documents without court intervention.

Plaintiff seeks sanctions against Defendant in the amount of $5363.80. Counsel indicates he values his time at the rate of $350/hour; this is a personal injury action, and the Court reduces the rate to $200/hour. The Court awards one hour to meet and confer and prepare the various notices of deposition. The Court awards two hours of time to prepare this discovery motion. No opposition was filed and therefore no reply was necessary. The Court awards the requested three hours to appear at the hearing on the motion. The Court therefore awards a total of five hours of attorney time at the rate $200/hour, or $1000 in attorneys’ fees. The Court also awards the filing fee of $61.65.

Sanctions are sought against and imposed against Defendant and its attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through his attorney of record, in the amount of $1061.65, within twenty days.

Plaintiff is ordered to give notice.