Case Number: 19STCV02064 Hearing Date: October 30, 2019 Dept: 2

Rogan v. Lopez

Plaintiff’s Motion to Compel Deposition of Defendant, Jamie Lopez and Request for Production of Documents; Request for Sanctions, filed on 09/25/2019, is GRANTED.

Plaintiff, Dean Rogan, is ordered to appear for his deposition and produce documents without objection on 11/01/2019 at 10:00 a.m. at defense counsel’s office as duly noticed in Defendant’s Notice of Motion, 2:3-5.

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

The evidence shows following service of Plaintiff’s objection to the taking of Plaintiff’s deposition served on 08/16/2019 (Motion, Ex. B), Defendant sought to meet and confer with Plaintiff’s counsel about the objection by letters dated 08/20/2019, 08/30/2019, and 09/13/2019. Motion, Exhibits C, D, and E. Plaintiff did not respond to these efforts until 10/03/2019, after Defendant had filed this motion. Opposition, Ex. 2.

Defendant has shown good cause for the deposition and request to produce documents of a party, as well as reasonable efforts to meet and confer in good faith. Declaration of Rebecca T. Hariri, ¶¶ 5-8. Cal. Code Civil Procedure §2025.450(b).

The Court imposes sanctions of $1,530 against Plaintiff, Dean Rogan, and his counsel, Steven Mazza, Esq., for the failure to show substantial justification for their conduct in failing to respond or submit to an authorized method of discovery; for opposing, unsuccessfully and without substantial justification, a motion to compel and failing to meet and confer in response to Defendant’s efforts, all of which constitute misuse of the discovery process. Cal. Code Civil Procedure § 2023.010 (d), (h), (i).

The Moving Party is ordered to give notice.