Case Number: 19STCV23245 Hearing Date: March 03, 2020 Dept: 27

[TENTATIVE] ORDER RE MOTION TO COMPEL DEPOSITION

On July 2, 2019, Plaintiff Maya Phillips filed this action against Defendant Sunny Marie Cho alleging injury as the result of a motor vehicle accident on November 29, 2018. On August 16, 2019, Defendant served a notice of deposition for Plaintiff’s deposition on January 15, 2020. Plaintiff failed to appear for the deposition. When defense counsel contacted Plaintiff’s counsel for new dates, Plaintiff’s counsel did not respond. Defendant moves to compel Plaintiff’s deposition and for sanctions.

In Plaintiff’s late opposition, Plaintiff’s counsel states he lost touch with Plaintiff and then when he connected with Plaintiff, Plaintiff had recently been injured and was unable to appear for the deposition.

Plaintiff apparently did not object to the notice of opposition, and Plaintiff’s counsel never responded to requests by defense counsel for deposition dates. Plaintiff presented no evidence of the claimed recent injury and no evidence that the injury prevented her from appearing for a deposition. Plaintiff’s counsel does not present good cause for failing to object or otherwise respond to the deposition notice and for failing to respond to defense counsel’s communications about deposition dates.

Accordingly, the motion is GRANTED. Plaintiff is ordered to appear for a deposition within 30 days of the date of this order. The request for sanctions is granted in the amount of $661.65 jointly and severally against Plaintiff and Plaintiff’s counsel to be paid within 30 days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.