Case Number: BC512682    Hearing Date: September 30, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

CHRISTOPHER KENWORTHY,
Plaintiff(s),
vs.

SIDNEY R. OXFORD, ET AL.,

Defendant(s).

CASE NO: BC512682

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA

Dept. 92
1:30 p.m. — #25
September 30, 2014

Defendant, Sidney R. Oxford’s Motion to Compel Compliance with Deposition Subpoena is Granted. Non-Party, American Apparel, is ordered to comply with the subject subpoena within ten days. Defendant’s request for sanctions is granted. American Apparel is ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $660 within twenty days. Defendant’s request for a forfeiture penalty is denied.

Plaintiff, Christopher Kenworthy filed this action against Defendant, Sidney R. Oxford for damages arising out of an automobile accident. On 4/03/14, Defendant propounded a deposition subpoena for production of business records on non-party, American Apparel, which is Plaintiff’s employer. Defendant also served Plaintiff with a notice to consumer. Neither Plaintiff nor American Apparel objected, but American Apparel failed to comply with the subpoena.

At this time, Defendant moves to compel American Apparel to comply with the deposition subpoena. The motion is granted. CCP §§1987.1, 2020.010, et seq. American Apparel is ordered to comply with the subpoena within ten days.

Defendant seeks sanctions against American Apparel in the amount of $660. Sanctions are appropriate per CCP §§2023.030 and 1987.2(a). Counsel declares she spent four hours preparing the motion and appearing at the hearing, all at $150/hour. Counsel is located in West Covina, and therefore this amount is reasonable. Defendant also seeks to recover a $60 filing fee. Sanctions are therefore imposed in the amount of $660.

Defendant also seeks to recover a $500 forfeiture fee per CCP §1992. The request for such penalty is denied. CCP §1992 requires the party seeking to recover the forfeiture penalty to file a separate civil action to recover such penalty. See New York Times v. Superior Court (1990) 51 Cal.3d 453, 464. The Court therein noted:
The monetary sanctions under section 1992 are not effective as a practical matter. The maximum sanction is a $500 forfeiture plus actual damages, and the party aggrieved by the failure to make discovery can recover the sanctions only by bringing an independent civil action.

Dated this 30th day of September, 2014

Hon. Elia Weinbach
Judge of the Superior Court