2012-00130872-CU-BC

Eric Allen vs. The Arbor Apartments LLC

Nature of Proceeding: Motion to Compel Plaintiff Darrius Churchs Deposition

Filed By: Cotter, John

** If oral argument is requested, it will take place in this department at 9:00AM
on Tuesday, November 19, 2013. The request must still be made by 4:00PM
today in compliance with Sacramento County Superior Court Local Rule 1.06. **

The motion of Defendants The Arbors of Rancho Cordova, LLC and Surrender Singh
(collectively “Defendants”) for an order compelling Plaintiff Darrius Church (“Plaintiff”)
to appear at his deposition and produce documents responsive to requests attached to
his deposition notice is GRANTED as follows:

This case involves a landlord/tenant dispute. On August 30, 2013, Defendants served
a Notice of Taking Plaintiff’s Deposition with Requests for Production of Documents.
The deposition was set to commence on September 20, 2013. Plaintiff did not serve
an objection to the deposition. The day before the deposition, however, his counsel
informed Defendants’ counsel that Plaintiff could not be reached to confirm his
appearance for the deposition. Despite defense counsel’s previous request for
alternative dates if the date for deposition was inconvenient, Plaintiff’s counsel did not
provide any alternative dates. Defendants’ counsel appeared at the time and place set
for deposition, but Plaintiff did not appear. Defendants’ counsel’s subsequent efforts at
an informal resolution have been fruitless.

Defendants are entitled to an order compelling Plaintiff to appear for deposition within
30 days and produce the documents requested in the deposition notice. (CCP §
2025.450(a)-(b).) That Plaintiff has failed to keep his own counsel apprised of his
whereabouts does not excuse his failure to appear.

Defendants are further entitled to monetary sanctions against Plaintiff–but not
Plaintiff’s counsel–in the amount of $568.45 in fees and costs associated with the
deposition and filing the instant motion. (CCP § 2025.450(g)(1).) Because Plaintiff’s
counsel has been diligent but unsuccessful in locating Plaintiff, an award of monetary
sanctions against Plaintiff’s counsel would be unjustified.

Conclusion

Plaintiff shall appear for his deposition and produce requested documents no later than
December 20, 2013, or at such later date to which counsel stipulate in writing.
Defendants’ counsel shall serve a new deposition notice and accompanying document
requests pursuant to the Code of Civil Procedure.

No later than December 18, 2013, Plaintiff shall pay the monetary sanction. If Plaintiff
fails to pay the sanction by such date, then Defendants may lodge for the court’s
signature a formal order awarding sanctions, which may be enforced as a separate
th
judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4 608, 615.)

The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or
further notice is required.

Item 7 2012-00130872-CU-BC

Eric Allen vs. The Arbor Apartments LLC

Nature of Proceeding: Motion to Compel Plaintiff Raven Rodriguez Deposition

Filed By: Cotter, John

** If oral argument is requested, it will take place in this department at 9:00AM
on Tuesday, November 19, 2013. The request must still be made by 4:00PM
today in compliance with Sacramento County Superior Court Local Rule 1.06. **

The motion of Defendants The Arbors of Rancho Cordova, LLC and Surrender Singh
(collectively “Defendants”) for an order compelling Plaintiff Raven Rodriguez
(“Plaintiff”) to appear at her deposition and produce documents responsive to requests
attached to her deposition notice is GRANTED as follows:

This case involves a landlord/tenant dispute. On August 30, 2013, Defendants served
a Notice of Taking Plaintiff’s Deposition with Requests for Production of Documents.
The deposition was set to commence on September 18, 2013. Plaintiff did not serve
an objection to the deposition. The day before the deposition, however, her counsel informed Defendants’ counsel that Plaintiff could not be reached to confirm her
appearance for the deposition. Despite defense counsel’s previous request for
alternative dates if the date for deposition was inconvenient, Plaintiff’s counsel did not
provide any alternative dates. Defendants’ counsel appeared at the time and place set
for deposition, but Plaintiff did not appear. Defendants’ counsel’s subsequent efforts at
an informal resolution have been fruitless.

Defendants are entitled to an order compelling Plaintiff to appear for deposition within
30 days and produce the documents requested in the deposition notice. (CCP §
2025.450(a)-(b).) That Plaintiff has failed to keep her own counsel apprised of her
whereabouts does not excuse her failure to appear.

Defendants are further entitled to monetary sanctions against Plaintiff–but not
Plaintiff’s counsel–in the amount of $766.70 in fees and costs associated with the
deposition and filing the instant motion. (CCP § 2025.450(g)(1).) Because Plaintiff’s
counsel has been diligent but unsuccessful in locating Plaintiff, an award of monetary
sanctions against Plaintiff’s counsel would be unjustified.

Conclusion

Plaintiff shall appear for her deposition and produce requested documents no later
than December 18, 2013, or at such later date to which counsel stipulate in writing.
Defendants’ counsel shall serve a new deposition notice and accompanying document
requests pursuant to the Code of Civil Procedure.

No later than December 18, 2013, Plaintiff shall pay the monetary sanction. If Plaintiff
fails to pay the sanction by such date, then Defendants may lodge for the court’s
signature a formal order awarding sanctions, which may be enforced as a separate
th
judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4 608, 615.)

The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or
further notice is required.