Case Number: BC670532 Hearing Date: February 14, 2020 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

LUPE VASQUEZ et al.,

Plaintiffs,

vs.

FASTRANS SHUTTLE, LLC et al.

Defendants.

CASE NO: BC670532

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; GRANTING MOTION TO COMPEL PRODUCTION OF DOCUMENTS; IMPOSING SANCTIONS

Dept. 31

1:30 P.M.

February 14, 2020

Plaintiff served a sixth Notice of Deposition and Request for Production of Documents on Defendant Fastrans Shuttle, LLC (“Fastrans”) on October 7, 2019. The Notice indicated an intent to depose Fastrans’s PMK concerning 22 issues and request for production of 36 documents. It was noticed for October 16, 2019. There have been five previous notices and was rescheduled to accommodate Fastrans. Plaintiff attempted to schedule depositions with Defendant multiple times preceding the October 16, 2019 deposition. At the October 16, 2019 deposition, Fastrans produced Robert Greer as the deponent. Mr. Greer attests that he is not, nor never was, an employee of Fastrans. Mr. Greer further attests that he represented SuperShuttle and Transdev, and that Fastrans was an independent contractor. This motion therefore follows. No opposition was filed.

The motion to compel deposition is granted. CCP §2025.450(a). Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Defendant’s PMK deposition(s). The deposition(s) must go forward within twenty days. If Counsel are unable to resolve this issue, Plaintiff’s Counsel may set the deposition on Plaintiff’s Counsel’s terms with ten days’ notice to Defense Counsel (additional notice per Code if notice is by other than personal service).

Plaintiff also moves the Court for an order to compel production of documents. Plaintiff’s Notice contains 36 document requests. The Court finds Plaintiff set forth sufficient specific facts showing good cause justifying the production of requested documents. CCP §2025.450(b). Accordingly, the motion to compel production of documents is granted.

Plaintiff seeks sanctions against Defendant and its attorneys of record in the amount of $2,160.00. Sanctions are mandatory. §2025.450(c). Plaintiff’s attorney bills at the rate of $300/hour. The Court awards three hours to prepare the moving papers and meeting and conferring. No opposition was filed and therefore no reply was necessary. The Court therefore awards three hours of attorney time at the rate of $300/hour, or $900 in attorneys’ fees. The Court awards the requested $60 filing/processing fee, for the total amount of $960. The Court also awards $1,500.90, the costs associated with deposing Mr. Greer.

Sanctions are sought and imposed against Fastrans and its attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the amount of $2,460.9, within twenty days.

Parties who intend to submit on this tentative must send an email to the court at SSCDEPT31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.