2013-00150005-CU-MM

Anna Bates vs. Katherine B. Bisharat, M.D.

Nature of Proceeding: Motion to Compel Deposition

Filed By: Minder, Thomas G.

Defendant’s Motion to Compel Deposition of Plaintiff to appear at her deposition is
unopposed and is granted.

The opposition to this motion was due on May 27, 2014 and no opposition has been
filed.

On September 17, 2013, Defendants’ counsel noticed the deposition of Plaintiff, Anna
Bates, for November 18, 2013 at 9:30 a.m. After the deposition was noticed, Plaintiff’s
counsel requested the deposition to be rescheduled. See Declaration of Jonathan A.
Saul (“Saul Decl.”). Plaintiff’s counsel withdrew from representation on January 8,
2014 as shown in CCMS. On January 16, 2014, Defendants’ counsel noticed the
deposition of Plaintiff for February 13, 2014 at 1:30 p.m. Plaintiff did not contact
Defendants’ counsel to advise that she would not be appearing for her deposition on
February 13, 2014. Plaintiff failed to show up for her properly noticed deposition on
said date, and Defendants’ counsel waited 0.5 hour for her appearance. On April 25,
2014, Defendants’ counsel sent a letter to Plaintiff in attempt to meet and confer on the
filing of this instant motion. The letter requested Plaintiff to contact Defendant’s
counsel to reschedule her deposition. Plaintiff, however, has not responded to this
letter or provided her availability for deposition. (Saul Decl.)

Plaintiff is ordered to appear at her deposition at a place, date and time to be set by
Defendants’ counsel pursuant to CCP 2025.210 et seq.
Sanctions pursuant to CCP 2025.450(g) in the reasonable amount of $547.50 (2.5
hours at $165 hourly rate plus $60.00 filing fee and $75.00 as the fee for the 1/2 day
per diem) are to be paid by Plaintiff to Defendants. The certification of non-appearance
is not ordered paid, as it is unnecessary to the motion; the declaration of moving
counsel is sufficient.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.