Case Number: BC652456 Hearing Date: October 17, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

cassie jackson,

Plaintiff,

v.

beverly jackson,

Defendants.

Case No.: BC652456

Hearing Date: October 17, 2019

[TENTATIVE] order RE:

motion to compel deposition

NOTICE

The hearing on this motion, set for October 17, 2019, will start at 2:30 p.m. rather than 1:30 p.m.

TENTATIVE ORDER

Plaintiff Cassie Jackson (“Plaintiff”) moves to compel Deponent Devin Exnicious (“Deponent”) to comply with a deposition subpoena. Code of Civil Procedure § 1987.1 provides, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (Code Civ. Proc., § 1987.1.)

Plaintiff personally served Deponent a deposition subpoena for his appearance at a deposition on May 7, 2019. Personal service of this deposition subpoena compels Deponent to appear for deposition. (See Code Civ. Proc., § 2020.220, subds. (b)-(c).) Plaintiff personally served this motion on Deponent as required. (Cal. Rules of Court, rule 3.1346.) Accordingly, the Court grants the motion to compel Deponent to appear for deposition.

Plaintiff seeks sanctions in connection with the motion. The Court concludes that Deponent’s failure to comply with Plaintiff’s deposition subpoena is an abuse of the discovery process, and awards sanctions. The Court imposes sanctions against Deponent in the amount of $1,060 which represents five hours of attorney time at $200 per hour, plus the filing fee. However, this award of sanctions is stayed. If Deponent complies with this order and submits to a deposition, he does not have to pay the sanctions.

CONCLUSION AND ORDER

Plaintiff’s motion to compel the deposition of Deponent Devin Exnicious is granted. Devin Exnicious shall appear for deposition within 30 days of notice of this order, unless Plaintiff stipulates otherwise.

Deponent Devin Exnicious is to pay sanctions in the amount of $1,020 to Plaintiff, by and through counsel. However, this award of sanctions is stayed. If Deponent complies with this order and submits to a deposition, he does not have to pay the sanctions. This award of sanctions will automatically be vacated on the trial date unless Plaintiff seeks to lift the stay and require payment of the sanctions.

Plaintiff shall provide notice, and shall serve Deponent Devin Exnicious with a copy of this order personally, and shall file proof of such with the Court.

DATED: October 17, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court