Case Number: BC685427 Hearing Date: December 12, 2018 Dept: 2

Motion by Plaintiff, Armando Jacquez, to Compel Deposition of Defendant, Wai Lo, and Request for Production of Documents; Request for Sanctions, filed on 10/19/18, is DENIED.

Plaintiff’s counsel did not comply with Cal. Code Civil Procedure §2025.450(b)(2), which requires the moving party to submit a declaration stating that counsel has contacted the deponent to inquire after the non-appearance at the deposition. See Declaration of Benjamin Berkley. Cal. Code Civ. Proc. § 2025.450 (b)(2).

Defendant has shown substantial justification for not appearing for the prior depositions as the first two scheduled dates were taken off by mutual agreement. Declaration of Jason Glantz. ¶ 11.

The issue was a potentially related matter involving a minor who was a passenger in Plaintiff Jacquez’s vehicle. Defendant reasonably did not want to appear twice for deposition in two related cases. Plaintiff had not given notice to the parties in the related cases for the 6/7/18 deposition (Motion, Ex. 7). The Court’s file reflects that Defendant filed a Notice of Related Cases on 5/11/18, and the Court related both cases on 5/30/18.

Plaintiff finally gave notice to all interested parties for both cases for the 9/17/18 deposition. Motion Ex. 10. Defendant did give notice to Plaintiff’s counsel by email dated 9/14/18 that the deposition was not going forward on 9/17/18. Opposition, Ex. A.

Therefore, it was unreasonable for Plaintiff to go forward with the 9/17/18 deposition and incur unnecessary costs knowing that Defendant could not appear.

Additionally, as stated above, there is no record that Plaintiff’s counsel contacted Defense counsel after the 9/17/18 deposition to inquire about the non-appearance as required by statute.

Accordingly, Plaintiff’s request for sanctions is DENIED. Defendant’s request for sanctions is GRANTED. The Court imposes sanctions of $1,400 against Plaintiff, Armando Jacquez and Plaintiff’s attorney of record, Carpenter, Zuckerman & Rowley, for misuse of the discovery process, in failing to meet and confer in good faith as required by statute. Cal. Code Civil Procedure §2023.010(i). Such sanctions are payable within thirty (30) days.

Moving party is ordered to give notice.