Lawzilla Additonal Information: The Los Angeles online court records indicate the motion to compel was withdrawn on November 25th and the tentative ruling (below) was not made into a final court order.

Case Number: 19STCV17183 Hearing Date: November 27, 2019 Dept: 2

Coates v. Kuhlmann, et al.

Plaintiff’s Motion to Compel Deposition of Defendant, Toofun West, and Request for Production of Documents; Request for Sanctions filed on 10/28/19 is GRANTED. Defendant Toofun West is ordered to appear for deposition and produce documents without objection at a date of Plaintiff’s choosing in the next 20 days (holidays and weekends excluded).

Plaintiff served Defendant’s counsel with Notices of Taking Deposition on 7/8/19, 8/12/19, and 9/9/19. Exhibits 1, 4, and 8. The deposition did not go forward due to defense counsel’s calendar conflicts or the client’s unavailability. Exhibits 2, 5, 6, 7. Finally, on 10/23/19, defense counsel informed that the Defendant would be out of the country and wanted to reschedule for March or April of 2020. Motion, Exhibit 9.

A party may move to compel a party’s deposition where the deponent fails to appear or proceed with the examination or to produce for inspection any document described in the deposition notice. Cal. Code Civ. Proc. § 2025.450. Plaintiff has been unsuccessfully attempting to set Defendant’s deposition since July of 2019, despite reasonable attempts by Plaintiff to accommodate Defendant.

The court imposes sanctions of $661.65 against Defendant Toofun West and counsel Hartsuyke, Stratman & Williams-Abrego for the failure to show substantial justification for the unreasonable delay and failing to proceed with an authorized method of discovery which constitutes misuse of the discovery process. Cal Code Civil Procedure § 2023.010.

Moving party is ordered to give notice.