ADELA LARIOS vs. 99 CENTS ONLY STORES

Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Bob Khakshooy who is being sanctioned by the court.

Case Number: BC634771 Hearing Date: May 01, 2018 Dept: 3

ADELA LARIOS,

Plaintiff(s),

vs.

99 CENTS ONLY STORES, et al.,

Defendant(s).

Case No.: BC634771

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

Dept. 3

1:30 p.m.

May 1, 2018

Defendant has noticed Plaintiff’s deposition on multiple occasions. Most recently, Defendant noticed Plaintiff’s deposition for 3/15/18; on 3/14/18, Defense Counsel called Plaintiff’s attorney’s office to confirm the deposition, and was told Counsel would return the call; there was no return call, and Plaintiff did not appear for deposition the next day. At this time, Defendant moves to compel Plaintiff’s deposition and seeks to recover sanctions.

The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition if a deponent failed to appear for a duly noticed deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, and therefore necessarily did not serve a valid objection. Of note, any opposition to the motion was due on or before 4/18/18. The Court has not received opposition to the motion.

Defendant seeks an order compelling Plaintiff to appear for deposition on 5/16/18 at 11:00 a.m. in Defense Counsel’s office. The request is granted.

The Court notes that the notice of deposition includes a demand for production of documents. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). The Court therefore declines to enter an order compelling Plaintiff to produce documents, but urges the parties to work together to resolve any issues concerning documents without court intervention.

Defendant seeks sanctions against Plaintiff in the amount of $1265. Sanctions are mandatory. §2025.450(c). The Court finds all amounts reasonable. The request for sanctions is granted in full. Plaintiff and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $1265, within twenty days.

Defendant is ordered to give notice.

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