Case Number: EC058142 Hearing Date: May 02, 2014 Dept: 93

Plaintiffs Edmond Feredonzadeh, Zhagelin Shahverdianfard, and Tony Feredonzadeh’s unopposed Motion for Order to Compel Defendant Tina Avakian to Attend and Testify at Properly Noticed Deposition is GRANTED. Defendant Avakian’s deposition has been scheduled numerous times starting in December 2012. The deposition never went forward, either due to last minute cancellations by defense counsel, or for reasons not set forth in the motion. Motion, Rackohn Decl., ¶¶ 3-12. Defense counsel was generally uncooperative in providing agreeable dates on which the deposition could go forward. Motion, Rackohn Decl., ¶¶ 3-12. The last scheduled date for the deposition, March 6, 2014, was cancelled by defense counsel on March 4, 2014. Motion, Rackohn Decl., ¶¶ 8-10. Plaintiffs’ counsel sent meet and confer letters on March 20, 2014. Motion, Rackohn Decl., ¶¶ 13-14 and Exhs. 15-16. No response was provided by Avakian.

Avakian’s repeated last-minute cancellations and failure to provide available dates for her deposition are unreasonable. Plaintiffs’ counsel repeatedly met and conferred with defense counsel throughout the process in order to schedule the deposition. In light of Avakian’s failure to proceed with authorized discovery, Plaintiffs are entitled to an order compelling her to attend her deposition at a date and time determined by Plaintiffs’ counsel, at Plaintiffs’ counsel’s office within the next 30 days. Pursuant to CCP §§ 2025.450(a) and (g)(1), Defendant Tina Avakian is ordered to appear for her deposition at a date and time determined by Plaintiffs’ counsel in Plaintiffs’ counsel’s office within the next 30 days. Defendant and/or defendant’s attorney of record is/are ordered to pay plaintiffs’ and/or plaintiffs’ attorney of record sanctions in the amount of $5,120.20 within 30 days of the date of this order.

Plaintiffs are ordered to give notice.