Case Number: BC664432 Hearing Date: May 10, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION AND MONETARY SANCTIONS; MOTION GRANTED

On June 8, 2017, Plaintiff Alice Byrd (“Plaintiff”) filed this action against Defendant Sunland Produce, Inc. (“Defendant’) for negligence, premises liability, violation of the Unruh Civil Rights Act, and violation of California Public Accommodations Law.

On March 13, 2018, Defendant served a Notice of Taking Deposition on Plaintiff setting her deposition for March 30, 2018. (Declaration of Lorin D. Snyder, ¶ 3; Exh. A.) Defendant attempted to confirm Plaintiff’s deposition but received no answer. (Snyder Decl., ¶ 4.) On March 30, 2018, Plaintiff failed to appear and a certificate of non-appearance was taken. (Snyder Decl., ¶ 5.) Plaintiff has not rescheduled her deposition with Defendant. (Snyder Decl., ¶ 7.) Defendant seeks to compel Plaintiff’s appearance and testimony at deposition.

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code of Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code of Civ. Proc., § 2025.280, subd. (a).)

“If, after service of a deposition notice, a party . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.” (Code of Civ. Proc., § 2025.450, subd. (a).) The motion must set forth both facts showing good cause justifying the demand for any documents and a meet and confer declaration. (Code of Civ. Proc., § 2025.450, subds. (b)(1), (b)(2).)

Plaintiff filed no opposition this Motion and it is undisputed she failed to appear for her deposition. A properly-served deposition notice is sufficient to require a party to appear and testify at an oral deposition. (Code of Civ. Proc., § 2025.280, subd. (a).) Therefore, the Motion to compel Plaintiff’s deposition is GRANTED. Plaintiff is ordered to appear for deposition within twenty (20) days, or other date to which the parties agree.

Where a motion to compel a party’s appearance and testimony at deposition is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent, unless the court finds the one subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code of Civ. Proc., § 2025.450, subd. (g)(1).) On motion of a party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction in favor of that party and against the deponent. (Code of Civ. Proc., § 2025.450, subd. (g)(2).)

The request for monetary sanctions is GRANTED. Monetary sanctions are imposed against Plaintiff in the amount of $950.00, for two hours preparing this unopposed Motion and appearing at the hearing at defense counsel’s rate of $320.00 per hour, $60.00 filing fee, and $250.00 court reporter fee. Plaintiff is ordered to pay this monetary sanction within twenty (20) days of the date of this Order.

Moving party to give notice.