Case Number: BC626826 Hearing Date: June 15, 2018 Dept: 2
Defendant’s Motion to Compel Plaintiff, Blanca Bedoy’s, Attendance at Deposition and Production of Documents; Request for Sanctions, filed on 5/8/18, is GRANTED. Plaintiff, Blanca Bedoy, is ordered to appear for deposition within 30 days as duly noticed by Defendant without objection and to produce requested documents without objection. Cal Code Civ Procedure §2025.450.
Defense counsel has complied with the statutory requirements to meet and confer by sending a letter requesting a new date for Plaintiff’s deposition, as Plaintiff was not available on 3/9/18. Cal. Code Civ. Proc. 2025.450(b)(2). Motion, Ex. B. Plaintiff did not respond. Flores Declaration ¶ 10. 2025.450(b)(2).
Plaintiff contends she has “discovery priority” given that Plaintiff first served notices of taking the deposition of Defendant’s person most knowledgeable beginning on 10/27/17. Declaration of Khakshooy, ¶ ¶ 2.
There is no evidence to support Plaintiff’s claim of “discovery priority.” Plaintiff did not object to the Notice of Taking Deposition served by Defendant. Flores Declaration ¶ 9. Plaintiff did not respond to Defendant’s effort to meet and confer to raise the issue of
“discovery priority.”
Defendant was not required to provide a separate statement where no responses have been provided to the request for discovery. Cal Rules of Court, Rule 3.1345(b).
The court imposes sanctions of $1,050.00 in favor of Defendant and against Plaintiff and Plaintiff’s counsel who have not shown substantial justification for failing to proceed with Plaintiff’s deposition or failing to respond to Defendant’s effort to meet and confer in good faith. Code Civ. Proc., § 2025.450(g)(1).
Moving party is ordered to give notice.