Case Number: BC573696 Hearing Date: March 12, 2018 Dept: 47

Hever Nunez-Flores v. Rosario G. Luis, et al.

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

MOVING PARTY: Plaintiff Hever Nunez Flores

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an individual (not class action) wage and hour action, including a PAGA claim.

Plaintiff Hever Nunez Flores moves to compel the deposition of Defendant Maria Robo Luis and requests sanctions.

TENTATIVE RULING:

Plaintiff Hever Nunez Flores’ motion to compel the deposition of Defendant Maria Robo Luis is GRANTED. Ms. Luis is to personally appear at her deposition at a reasonable date, time and place, per the discretion and notice of plaintiff’s counsel, within 20 days.

Plaintiff’s request for sanctions against Defendant Maria Robo Luis (in pro per) is GRANTED IN PART in the amount of $1,350, which is the amount the Court finds to be the reasonable attorney’s fees incurred in bringing this motion. Sanctions are to be paid to Plaintiff’s counsel within 30 days.

DISCUSSION:

Motion To Compel Deposition

CCP § 2025.450 provides in pertinent part:

(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.

(b) A motion under subdivision (a) shall comply with both of the following:

(1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.

Here, Defendant Maria Robo Luis, in pro per, did not appear for her noticed deposition on December 29, 2017. Declaration of Andre J. Isaac, ¶ 2; Exh. A thereto. Plaintiff’s counsel attempted to meet and confer after Defendant’s non-appearance to reschedule Defendant’s deposition, but Defendant has not responded. Isaac Decl., ¶¶ 2, 3.

The deposition notice did not contain any demand for production of documents, so good cause of production need not be shown.

The motion to compel the deposition of Defendant Maria Robo Luis is GRANTED.

Plaintiff’s request for sanctions against Defendant Maria Robo Luis (in pro per) is GRANTED IN PART in the amount of $1,350 (3 total hours at $450/hour), which is the amount the Court finds to be the reasonable attorney’s fees incurred in bringing this motion. See Perez Decl., ¶ 11. Sanctions are to be paid to Plaintiff’s counsel within 30 days.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: March 12, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court