Case Number: BC721468 Hearing Date: October 18, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Luis Damian Robles, et al.,

Plaintiff,

v.

Francisco Barajas, Jr., et al.,

Defendants.

Case No.: BC721468

Hearing Date: October 18, 2019

[TENTATIVE] order RE:

defendantS’ motion for order compelling plaintiff’s attendance and testimony at deposition

Defendants Francisco Barajas, Jr. and Letitia Barajas (collectively, “Defendants”) move for an order compelling Plaintiff Luis Damian Robles to submit to deposition. Pursuant to Code of Civil Procedure section 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document. (Code Civ. Proc., § 2025.450, subd. (a).) A motion to compel the deposition of a party to the action must be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (Code Civ. Proc. § 2025.450, subd. (b)(2).)

Defendants served on Plaintiff an initial Notice of Taking Deposition, setting the deposition for April 18, 2019. Plaintiff’s counsel then informed defense counsel that Plaintiff was not available for that date, but did not provide alternate dates to reschedule. Defendants re-noticed the deposition a few more times until August 22, 2019, when Plaintiff again failed to appear. (Hsu Decl., ¶ 10, Exh. E.) Defendants took a Certificate of Nonappearance. (Hsu Decl., ¶ 10, Exh. E.) On August 29, 2019, Defendants’ counsel sent a letter to Plaintiff’s counsel inquiring as to Plaintiff’s non-appearance. As of the filing of this motion to compel deposition, Plaintiff has not contacted defense counsel to reschedule the deposition. Plaintiff has not opposed this motion.

Based upon the foregoing, Defendants’ motion to compel deposition is granted. Plaintiff is ordered to appear for deposition on October 30, 2019, at 10:00 a.m. unless Defendants’ counsel stipulates to a different date.

Defendants also request sanctions against Plaintiff. The Court finds Plaintiff’s failure to appear for deposition a misuse of the discovery process. (Code Civ. Proc, § 2023.010, subd. (d).) Sanctions have been sufficiently noticed against Plaintiff and Plaintiff’s counsel, Jonathan M. Kashani. The Court orders sanctions in the amount of $768.15, as requested by Defendant’s counsel, as that amount is reasonable under the circumstances.

CONCLUSION AND ORDER

Defendants’ motion to compel deposition is granted. Plaintiff is ordered to appear for deposition on October 30, 2019, at 10:00 a.m. at the Law Offices of Mark R. Weiner & Associates, 655 North Central Avenue, Suite #1125, Glendale, California, 91203-1434 unless Defendants’ counsel stipulates to a different date, time, and/or location.

Plaintiff Luis Damian Robles and Plaintiff’s counsel, Jonathan M. Kashani, jointly and severally, are ordered to pay sanctions in the amount of $768.15 to Defendants, by and through their counsel, within twenty (20) days of this order.

Defendants are ordered to provide notice of this order and file proof of service of such.

DATED: October 18, 2019 ___________________________

Hon. Stephen I. Goorvitch

Superior Court Judge