Case Number: BC633511 Hearing Date: April 10, 2018 Dept: 98

ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S DEPOSITION; MOTION GRANTED

On September 23, 2016, Plaintiff Ines Aguilar Morales (“Plaintiff”) filed this action against Defendant Jerry Ray Fairall, Jr. (“Defendant”) for motor vehicle and general negligence relating to an August 27, 2015 automobile collision. On February 22, 2018, Plaintiff moved to compel Defendant’s deposition. On March 15, 2018, Plaintiff appeared ex parte to continue trial and the Court ordered Defendant to appear for his deposition within 10 days. (Declaration of Omid Khorshidi, ¶ 4.) The parties agreed that Defendant would appear for his deposition on March 27, 2018, and Defendant argues this motion is moot. However, Plaintiff seeks monetary sanctions, as Defendant’s failure to appear for deposition necessitated this motion.

If a motion to compel a party’s attendance at deposition, or where any party or attorney attended a deposition in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction against the non-appearing deponent unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code of Civ. Proc., § 2025.450, subd. (g)(1), (g)(2).)

Plaintiff seeks $4,710.00 in monetary sanctions. “It is a well-known principle that when attorneys’ fees are requested the court does not need separate evidence to establish the reasonable value of whatever should be justly awarded, the theory being that the trial judge is competent from his own knowledge of legal practice to fix the amount of the fees. [Citations.]” (Spencer v. Harmon Enterprises, Inc. (1965) 234 Cal.App.2d 614.)

The request for monetary sanctions is GRANTED in the amount of $650.00 for one hour, at Plaintiff’s counsel’s hourly rate. The sanctions are imposed against Defendant and his counsel of record, jointly and severally, and are to be paid to Plaintiff’s counsel within twenty (20) days of the date of this Order.

Moving party to give notice.