Case Number: 19STCV23542 Hearing Date: March 09, 2020 Dept: 29

Montano et al. v. Veazey et al.

Plaintiffs’ Motion to Compel Deposition of Defendant, John Veazey, and Request for Production of Documents; Request for Sanctions is GRANTED. Defendant is ordered to appear for his deposition as duly noticed by Plaintiff.

A party can move to compel a party’s deposition where the deponent fails to appear or proceed with the examination or to produce for inspection any document described in the deposition notice. Cal. Code Civ. Proc. § 2025.450.

Since 8/27/19, Plaintiffs have been attempting to take the Defendant’s deposition. Motion, Ex. 1. Defendant objected to the first Notice of Taking Deposition as counsel did not receive notice. Motion, Ex. 3. Thereafter, defense counsel was not able to contact Defendant. Motion, Ex. 6. Defense counsel has not provided alternative dates. Declaration of Benjamin Berkley, ¶ 16. Plaintiffs are entitled to order compelling Defendant’s appearance at the deposition.

Plaintiffs moving papers do not adequately address the requests for production included with the deposition notice. The Court declines to include those requests in its order.

The Court imposes sanctions of $1060.00 against Defendant John Veazey and his counsel of record, Hartsuyker, Stratman & Williams-Abrego, for the failure to show substantial justification for failing to proceed with an authorized method of discovery which constitutes misuse of the discovery process. Cal Code Civil Procedure § 2023.010(d), 2023.030.

Moving party is ordered to give notice.