Case Number: 19STCV13418 Hearing Date: November 13, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

DAVID SCHLAIS,

Plaintiff(s),

vs.

SOHEIL KARIMI, et al.,

Defendant(s).

Case No.: 19STCV13418

[TENTATIVE] ORDER GRANTING MOTIONS TO COMPEL DEPOSITIONS; DENYING REQUESTS TO COMPEL PRODUCTION OF DOCUMENTS AT DEPOSITIONS

Dept. 3

1:30 p.m.

November 13, 2019

Plaintiff has noticed Defendants, Amaneh Pahmedani and Sattar Karimi’s depositions on multiple occasions. Defendants have not, to date, appeared for depositions. Plaintiff has made numerous attempts to meet and confer, but has been unable to obtain a date from Defendants to appear for the depositions. At this time, Plaintiff moves to compel Defendants’ depositions, to compel production of documents at depositions, and to recover sanctions.

The motions to compel are granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Defendants did not object to the notice of deposition, but did not appear. Of note, any opposition to the motion was due on or before 10/30/19. The Court has not received opposition to the motion.

Trial is not scheduled until 10/14/20, so there is no urgency in scheduling the depositions. Plaintiff’s attorney and Defense Counsel must meet and confer, in the next ten days, to schedule the depositions, which must go forward within 45 days. If Defendants do not meaningfully participate in the meet and confer, Plaintiff may set the depositions on Plaintiff’s Counsel’s terms with ten days’ notice to Defendants (notice extended per Code if by other than personal service).

The Court notes that the notice of deposition includes a demand for production of documents, and Plaintiff seeks an order compelling Defendants to produce all identified documents at her deposition. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). There is no discussion of good cause, and Plaintiff argues only that Plaintiff will have no way to prepare for trial without the requested documents. This is not sufficient; the Code includes an affirmative “good cause” requirement before an order compelling document production can issue. The Court therefore declines to enter an order compelling Defendants to produce documents, but urges the parties to work together to resolve any issues concerning documents without court intervention.

Plaintiff seeks sanctions against Defendants in the amounts of $3686.65 and $3186.65. Sanctions are mandatory. §2025.450(c). The Court awards one hour for the meet and confer and notice of deposition preparation. The Court does not award time to prepare for the missed depositions, as that time would have been necessary whether the depositions went forward or not, and Counsel is now prepared for the compelled deposition. The Court awards two hours to prepare the two form discovery motions. No opposition was filed and therefore no reply was necessary. The Court awards the requested three hours to appear at the hearing, but only awards the time once. The Court also awards the $61.65 filing fees. Counsel bills at the rate of $250/hour. The Court therefore awards a total of $1623.30 (6x$250 + 2x$61.65).

Defendants and their attorney of record, jointly and severally, are ordered to pay sanctions to Plaintiff, by and through counsel of record, in the amount of $1623.30, within twenty days.

Plaintiff is ordered to give notice.