Case Number: BC720601 Hearing Date: May 10, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
ALVIN BUI,
Plaintiff(s),
vs.
MOHAMMED LAKHANI, ET AL.,
Defendant(s).
CASE NO: BC720601
[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO COMPEL DEPOSITION
Dept. 3
1:30 p.m.
May 10, 2019
Defendant has noticed Plaintiff’s deposition on numerous occasions. Most recently, Defendant served a notice of deposition on Plaintiff on 11/30/18, setting the deposition for 3/06/19. Plaintiff did not object, communicate, or appear. Defense Counsel communicated with Plaintiff’s attorney prior to the deposition, and Plaintiff’s attorney indicated he could not locate Plaintiff; the Court finds this is sufficient to satisfy the meet and confer requirement. 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 unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, but did not appear. Of note, the Court has not received opposition to the motion.
Plaintiff is ordered to appear for deposition on 6/07/19 at 10:00 a.m. at the Law Office of Mark R. Weiner & Associates, located at 655 N. Central Avenue, Suite 1125, Glendale, CA 91203-1434.
Sanctions are mandatory. §2025.450(c). Defendant seeks sanctions in the amount of $441.50. Defense Counsel bills at the rate of $143.75/hour. The Court awards the requested one hour to prepare each form motion to compel. The Court finds the amount both reasonable and fully supported by Defense Counsel’s declaration.
Sanctions are sought and imposed against Plaintiff and his (now former) attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $441.50, within twenty days.
Defendant is ordered to give notice.