DEPARTMENT 31 LAW AND MOTION RULINGS

Case Number: 18STCV09432 Hearing Date: February 14, 2020 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MIA THORN,

Plaintiff,

vs.

JAVIER PATINO LOIRA,

Defendant.

CASE NO: 18STCV09432

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; IMPOSING SANCTIONS

Dept. 31

1:30 P.M.

February 14, 2020

Defendant served a Notice of Deposition on Plaintiff on September 18, 2019. The Notice indicated an intent to depose Plaintiff Mia Thorn, and was noticed for October 18, 2019. The deposition had been previously noticed and rescheduled to accommodate Plaintiff. Plaintiff indicated an inability to appear on October 18, 2019, but did not provide alternative dates for the deposition. This motion therefore follows. No opposition was filed.

The motion to compel is granted. CCP §2025.450(a). Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Plaintiff Mia Thorn’s deposition. The deposition must go forward within twenty days. If Counsel are unable to resolve this issue, Defendant’s Counsel may set the deposition on Defendant’s Counsel’s terms with ten days’ notice to Plaintiff Counsel (additional notice per Code if notice is by other than personal service).

Defendant seeks sanctions against Plaintiff and its attorneys of record in the amount of $661.65. Sanctions are mandatory. §2025.450(c). Defendant’s attorney bills at the rate of $300/hour. The Court awards one hours to prepare the moving papers. No opposition was filed and therefore no reply was necessary. The Court therefore awards $300 in attorneys’ fees. The Court also awards the requested $61.65 filing.

Sanctions are sought and imposed against Plaintiff and its attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through her attorney of record, in the amount of $361.65, within twenty days.