2017-00220723-CU-PA

Jeri Scambler vs. Robert Beardsley

Nature of Proceeding: Motion to Compel Defendant’s Deposition

Filed By: Hodson, Tim S.

Plaintiff’s Motion to Compel Defendant’s Deposition is granted.

Plaintiff noticed defendant’s deposition but was notified only the day before the deposition that defendant would not be appearing. Plaintiff seeks an order compelling the deposition and sanctions covering the expenses arising from defendant’s failure to appear at the deposition.

Defendant has filed a non-opposition to the motion, contending that lack of staffing in the month of September at counsel’s office resulted in the failure to provide supplemental dates for the deposition.

The parties are ordered to meet and confer to agree on the date, time and place for the deposition of defendant Robert Beardsley to take place within 30 days of the date of this order, unless otherwise agreed by the parties.

Sanctions are ordered to be paid by defendant to plaintiff pursuant to CCP 2025.450 (g)(1) in the reasonable amount of $560 to cover attorneys fees plus the filing fee, in addition to the actual amount incurred for the court reporter (which defendant had agreed to pay, but the amount is not specified in the motion, only estimated.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.