Case Number: BC672467 Hearing Date: March 19, 2019 Dept: 2

Motion by Defendants, South Bay Center SPE, LLC and Macy’s West Stores, Inc., to Compel Deposition of Plaintiff; Request for Sanctions, filed on 2/25/19 is GRANTED. Defendants have shown good cause for an order compelling Plaintiff to appear for deposition by March 23, 2019, as requested. Motion 2:1-2. Cal. Code Civil Procedure 2025.450(b)(2).

Defendants have been attempting to take Plaintiff’s deposition for one year. Motion, Ex. E. Defendants have been meeting and conferring by email throughout in attempt to take to Plaintiff’s deposition. Motion, Exs. B – D. There is no evidence that Plaintiff responded to the last meet and confer letter sent by Defendants on 2/17/19. Motion, Ex. E. Plaintiff’s dispute with respect to Defendants’ discovery responses is not relevant to Defendants’ right to take Plaintiff’s deposition.

While Plaintiff argues that the deposition should be delayed until the appearance of a new party brought in by “Doe” amendment, Defendants state in Reply that the new party to whom Plaintiff refers is Kellermey Bergenson Services, who appeared on 11/9/18. Reply Declaration of Christine Vorgna, ¶ 5. There is no substantial justification for delaying the deposition.

The Court imposes sanctions of $1,460.00 against Plaintiff, Gloria Urbina, and her attorney of record, Sean F. Salamati, Esq, and the Law Offices of Sean F. Salamati, for misuse of the discovery process. Cal. Code Civil Procedure § 2023.010(h). Such sanctions are payable within thirty (30) days.

Moving party is ordered to give notice.