Case Number: BC706021 Hearing Date: December 11, 2019 Dept: 48

MOTION TO COMPEL ANSWER AT DEPOSITION; REQUEST FOR SANCTIONS

MOVING PARTY: Plaintiff Genesis Media LLC and Cross-Defendant Howard Misle

RESPONDING PARTY(S): Third party deponent Peter Seltzer

PROOF OF SERVICE:

Correct Address: Yes.
16/21 (CCP § 1005(b)): OK. Served by mail on October 7, 2019.

DENY motion to compel deposition and request for sanctions;
GRANT Seltzer’s request for sanctions in the reduced amount of $1,875.

ANALYSIS

Motion to Compel Further Deposition Testimony

CCP § 2025.480 provides:

If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.

. . .

CCP § 2025.480 (bold emphasis and underlining added).

Here, as pointed out by Seltzer, Plaintiff Genesis Media LLC and Cross-Defendant Howard Misle was not “the party seeking discovery” [CCP § 2025.480(a)]. Rather the deposition was noticed by Defendants Ownzones Media Network, Inc. and Dan Goman. See Motion, Exh. A. As such, Plaintiff Genesis Media LLC and Cross-Defendant Howard Misle does not have standing to bring this motion to compel.

The motion to compel the further deposition testimony of third party deponent Peter Seltzer and for sanctions is DENIED.

Third party deponent Seltzer’s request for sanctions against Plaintiff and its counsel, Robert G. Klein, jointly and severally is GRANTED in the reduced amount of $1,875. Sanctions are to be paid to Selzter’s counsel wihin 10 days.