Case Number: EC066984 Hearing Date: February 14, 2020 Dept: A

Rukstalis v Ogilvie

Motion to Compel Deposition

Calendar:

13

Case No.:

EC066984

Hearing Date:

February 14, 2020

Action Filed:

July 10, 2017

Trial Date:

April 27, 2020

MP:

Defendant/Cross-Complainant Gina M. Ogilvie

RP:

N/A

ALLEGATIONS:

In this action, Plaintiff David L. Rukstalis, Jr. dba Law Offices of David Rukstalis (“Plaintiff”) alleges that he and Defendant Gina M. Ogilvie (“Defendant”) entered into a written agreement on February 6, 2015, such that Plaintiff agreed to render legal services on behalf of Defendant and Defendant would make payments pursuant to invoices. Plaintiff alleges that Defendant breached the agreement on June 27, 2017 by failing to make payments due.

Plaintiff filed his Complaint on July 10, 2017, alleges causes of action for: (1) Breach of Contract; and (2) Common Counts.

Defendant filed a Cross-Complaint on June 28, 2019, against Plaintiff, alleging a single cause of action for Breach of Fiduciary Duty.

PRESENTATION:

Defendant filed the instant motion on December 13, 2019, which was originally set for oral arguments on January 10, 2020. Plaintiff, by ex parte application, requested a continuance of the motion, which the Court heard and granted on January 09, 2020, setting the new hearing date for February 14, 2020. To date, no opposition has been received.

RELIEF REQUESTED:

Defendant moves to compel Plaintiff’s deposition and seeks sanctions in the amount of $2,073.50.

DISCUSSION:

Standard of Review – Code of Civil Procedure §2025.450 permits a party to seek a motion to compel a deposition where a deponent fails to appear or produce documents at a deposition. The motion is permissible after a party fails to appear without having served a valid objection pursuant to Code of Civil Procedure §2025.410. Code of Civil Procedure §2025.450(a). The motion must include specific facts demonstrating good cause for the production of documents or items, and must be accompanied by a declaration setting forth facts demonstrating that a good faith and reasonable attempt at informal resolution has been made. Code of Civil Procedure §2025.450(b). Monetary sanctions are mandatory against an unsuccessful moving or opposing party unless they acted with substantial justification or imposition of sanctions would be unjust. Code of Civil Procedure §2025.450(g)(1).

On review of the moving papers, including the Declaration of Adam Fullman, the Court finds that Defendant is entitled to take Plaintiff’s deposition. As to the issue of sanctions, because there was no opposition, the Court will award sanctions in the amount of $1,273.50.

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RULING: Grant, as set forth below:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendant/Cross-Complainant Gina M. Ogilvie’s Motion to Compel Plaintiff’s Deposition came on regularly for hearing on February 14, 2020, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION IS GRANTED, AND SANCTIONS ARE AWARDED IN THE AMOUNT OF $1,273.50. DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION AT THE OFFICE OF COUNSEL FOR PLAINTIFF ON March 24, 2020 at 10:00 AM or such other time and place as may be agreed in writing.

DATE: _______________ _______________________________

JUDGE