Case Number: BC687973 Hearing Date: August 08, 2018 Dept: 3

GABRIELLE BERLET,

Plaintiff(s),

vs.

CITY OF LOS ANGELES, ET AL.,

Defendant(s).

CASE NO: BC687973

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL DEPOSITION

Dept. 3

1:30 p.m.

August 8, 2018

Plaintiff, Gabrielle Berlet filed this action against Defendants, City of Los Angeles and the Los Angeles Convention Center for damages arising out of a trip and fall. Plaintiff subsequently added AEG Management LACC, LLC and Anschutz Entertainment Group, Inc. as Does 1 and 2, respectively. The AEG Defendants noticed Plaintiff’s deposition on 4/16/18, setting her deposition for 6/07/18. Plaintiff served an objection on 5/30/18, indicating she was not available on the unilaterally selected date. The parties met and conferred, and Plaintiff indicated that neither she nor her attorney was available in June or July, and she would be out of the country in August and September. Plaintiff offered to be deposed in October. At this time, Defendants move to compel Plaintiff’s deposition.

The motion to compel is granted. CCP §2025.450(a) provides:

(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

The Court finds Defendants properly and timely propounded a notice of deposition for 6/07/18, and Plaintiff did not serve a valid objection under CCP §2024.410(a). Objections that a date is not available are not the type of objections contemplated by the Code.

In light of the parties’ meet and confer attempts, the motion is granted.

The two remaining issues are the date on which the deposition should be conducted and whether or not sanctions should be imposed. Plaintiff contends she is out of the country until October and cannot be deposed during that time. Plaintiff has, however, propounded her own discovery on Defendants while she is absent. Worse, she served Defendants with a §998 offer of $125,000, which offer will expire before she is able to be deposed. As Plaintiff is well aware, a defendant who does not accept a §998 offer is subject to serious penalties if the jury verdict is ultimately in excess of that offer. This is an untenable situation. Plaintiff argues Plaintiff has offered to provide specific information about the curb where Plaintiff fell, somehow implying this is all Defendants need to accept or reject the offer. This is not a sufficient answer.

The Court is inclined to permit Plaintiff to remain on her vacation and have her deposition conducted in October. However, this would only be permissible with conditions. Those conditions include that (a) Plaintiff agree to withdraw any outstanding discovery she has propounded since Defendants noticed her deposition, and not to propound any additional discovery until she has been deposed, and (b) Plaintiff agree to withdraw her §998 offer and not serve another pending the completion of her deposition. If Plaintiff will not agree to those conditions, then she must be deposed within the next two weeks, as requested by Defendants in their motion.

Both parties seek sanctions in connection with the motion and opposition. The Court finds Plaintiff’s conduct is such that sanctions against her are warranted. She unilaterally decided not to appear for deposition for a period of four months, all the while continuing to prosecute her case in a manner incompatible with her decision. Defendants seek sanctions in the amount of $1260. The Court has reviewed the declaration of Defense Counsel in support of the motion and finds the amount fair and reasonable.

Sanctions are sought and imposed against Plaintiff and her attorney of record. They are ordered to pay sanctions to Defendants, by and through their attorney of record, in the amount of $1260, within twenty days.

Defendants are ordered to give notice.