Case Number: 18STCV00099 Hearing Date: October 29, 2019 Dept: 2

Golovaty v. Star Stone Construction Corporation, et al.

Defendants’ Motion for Order Compelling the Attendance and Testimony of Plaintiff, Isabella Golovaty at her Deposition; Request for Sanctions, filed on 9/17/19 is GRANTED. Plaintiff is ordered to appear for her deposition at a mutually convenient date within the next 20 days.

A party can move to compel a party’s deposition where the deponent fails to proceed with the examination. Cal. Code Civ. Proc. § 2025.450.

Plaintiff failed to appear for her 9/18/19 deposition because of a conflict with Plaintiff’s counsel, who had a deposition the same day of a subpoenaed party, although the date of Plaintiff’s deposition had been cleared in June. Opposition, Ex. 2. Plaintiff did offer dates in December. Opposition, Ex. 3.

Defense counsel was not willing to take the deposition off calendar and asked Plaintiff to provide a copy of the subpoena for the deposition that was purportedly set on 9/18/19 in conflict with Plaintiff’s deposition. Opposition, Ex. 3. Plaintiff’s counsel stated that his representation would suffice. Id. Further meet and confer with respect to the 9/18/19 deposition appeared futile at that point. Cal. Code Civ. Proc. 2025.450(b)(2).

Plaintiff’s counsel has not submitted evidence that he had a conflict on the date of Plaintiff’s 9/18/19 deposition.

Defendants are entitled to an award of sanctions of $1,225.00 against Plaintiff and her counsel of record, Michael J. Libman, jointly and severally. The sanctions include $265 for the cancellation fee and attorneys fees and costs for Plaintiff’s failure to show substantial justification for not proceeding with her deposition on 9/18/19, although Plaintiff’s counsel had cleared that date on 6/27/19. Opposition, Ex. 2. Cal Code Civil Procedure §2025.450(g). Sanctions are due 30 days from the date of the order.

Moving party is ordered to give notice.