Lawzilla Additional Information: Plaintiff’s motions sought sanctions against Kousha Berokim as defense counsel.
Case Number: BC721329 Hearing Date: February 28, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
BRANDON MINOR,
Plaintiff(s),
vs.
ESTHER YAGHIJANIAN, ET AL.,
Defendant(s).
CASE NO: BC721329
[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTIONS TO COMPEL
Dept. 31
1:30 p.m.
February 28, 2020
Plaintiff noticed Defendants’ depositions, and the parties agreed to several continuances. Ultimately the parties agreed that the depositions would go forward on 11/19/19. Defendants failed, however, to appear at the 11/19/19 depositions. Plaintiff contacted Defendants during the deposition to inquire, and Defendants indicated the depositions had been mis-calendared. Plaintiff repeatedly contacted Defendants thereafter to inquire about payment for the court reporter fees, and Defendants promised they would remit payment. Defendants did not do so, and on 1/29/20, Plaintiff filed these motions to compel.
Defendants concede, in opposition to the motions, that their depositions need to go forward. Defendants contend the motions are brought for an improper purpose and without meeting and conferring, as the real purpose of the motions is to obtain payment of fees, rather than to reschedule the depositions. Defendants rely on CCP §2025.450 in support of their motion. §2025.450 mandates that the moving party contact the deponent to inquire about the nonappearance prior to filing the motion to compel. It is clear that Plaintiff herein did so. It is also clear that Defendants promised to pay the fees for the missed deposition, but failed to actually do so. While the failure to attend may have been a “mere calendaring error,” it was an error that caused Plaintiff to incur fees, and those fees should have been paid if Defendants wished to avoid the filing of these motions.
The motions to compel are granted. Counsel are ordered to meet and confer to select a mutually agreeable date, time, and location for the depositions.
Sanctions are appropriate under the circumstances. The Court finds the amounts sought ($1928.75 and $1953.75) reasonable. Defendants and their attorney of record, jointly and severally, are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $3882.50, within twenty days.
Plaintiff is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.