Case Number: BC652938 Hearing Date: April 08, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

joey villareal,

Plaintiff,

v.

victor fragoza, et al.,

Defendants.

Case No.: BC652938

Hearing Date: April 8, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

BACKGROUND

Plaintiff Joey Villareal (“Plaintiff”) alleges he sustained injuries in a motor vehicle collision with Defendant Victor Fragoza, who was driving a vehicle for Defendant California Intermodal Associates (collectively, “Defendants”). Defendants move to compel the person most qualified for Plaintiff’s employer, Lincoln Transportation Services, Inc. (“Lincoln Transportation”), and another employee of Lincoln Transportation, Jose Cardenas (“Cardenas”) to appear for deposition. No oppositions were filed. The motions are granted.

LEGAL STANDARD

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).) Likewise, service of a deposition notice compels a party-affiliated deponent to appear for deposition. (Code Civ. Proc., § 2025.280, subd. (a).)

DISCUSSION

Plaintiff claims loss of income and lost earning capacity as a result of the accident at issue. In particular, Plaintiff testified at deposition that Lincoln Transportation denied him a discretionary bonus after the accident, and that Cardenas was the one who made the decision. Thus, the depositions of the person most knowledgeable to testify for Lincoln Transportation and Cardenas are relevant to this action.

Defendant noticed the deposition of Lincoln Transportation and Cardenas for October 31, 2018. On October 30, 2018, Plaintiff’s counsel contacted Defendant and stated that he represented Lincoln Transportation and Cardenas for purposes of discovery proceedings, and that the depositions would not go forward as noticed. (See Declaration of Michelle N. Vo in Support of Motion to Compel Deposition of Lincoln Transportation Services, Inc.) Plaintiff’s counsel then indicated that he would make the person most knowledgeable to testify for Lincoln Transportation and Cardenas available for deposition in December, but failed to do so. (Ibid.) While Lincoln Transportation and Cardenas are third-parties, Plaintiff’s counsel indicated that he represents them for purposes of discovery proceedings, so the Court treats Lincoln Transportation and Cardenas as party-affiliated witnesses. Accordingly, the motion to compel deposition is granted. Lincoln Transportation and Cardenas must appear for deposition within 30 days of notice of this order.

Defendant requests sanctions against Plaintiff’s counsel and Cardenas. The Court concludes that sanctions are warranted per Code of Civil Procedure, section 2025.450, subdivision (g)(1). The Court imposes sanctions against A. Doug Mastroianni and Jose Cardenas, jointly and severally, in the amount of $720, which represents four hours of attorney time at a rate of $150 per hour plus the filing fees.

CONCLUSION AND ORDER

Defendants motions to compel the depositions of Jose Cardenas and the person most qualified to testify for Lincoln Transportation Services, Inc. are granted. Jose Cardenas and the person most qualified to testify for Lincoln Transportation Services, Inc. are to appear for deposition within 30 days of service of notice of this order unless Defendants stipulate to a different date.

Counsel for these deponents, A. Doug Mastroianni, and Jose Cardenas are ordered to pay, jointly and severally, sanctions in the amount of $720 within 30 days of service of notice of this order.

Defendant is to give notice of this order, and file proof of service of such.

DATED: April 8, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court