Case Number: BC619969 Hearing Date: February 07, 2019 Dept: 3

JULIE ILIC,

Plaintiff(s),

vs.

TRADER JOE’S COMPANY, INC., ET AL.,

Defendant(s).

CASE NO: BC619969

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

February 7, 2019

Plaintiff served a Notice of Deposition on Defendant on 11/20/18. The Notice indicated an intent to depose Defendant’s PMK concerning six different issues, and was noticed for 12/14/18 (at six times throughout the day, so the PMK concerning each issue could be deposed at the corresponding time). The Notice included a document production demand. The deposition had been previously noticed and rescheduled to accommodate Defendant. Defendant indicated an inability to appear on 12/14/18, but did not provide alternative dates for the deposition(s). This motion therefore follows.

The motion to compel is granted. CCP §2025.450(a). Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Defendant’s PMK deposition(s). The deposition(s) must go forward within twenty days. If Counsel are unable to resolve this issue, Plaintiff’s Counsel may set the deposition on Plaintiff’s Counsel’s terms with ten days’ notice to Defense Counsel (additional notice per Code if notice is by other than personal service).

The Court notes that the notice of deposition includes a demand for production of documents. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). The Court therefore declines to enter an order compelling Defendant to produce documents, but urges the parties to work together to resolve any issues concerning documents without further court intervention.

Plaintiff seeks sanctions against Defendant and its attorneys of record in the amount of $2877.57. Sanctions are mandatory. §2025.450(c). Plaintiff’s attorney bills at the rate of $350/hour. The Court awards two hours to prepare the moving papers. No opposition was filed and therefore no reply was necessary. Counsel is located mid-city; the Court awards two hours for travel and appearance time. The Court therefore awards four hours of attorney time at the rate of $350/hour, or $1400 in attorneys’ fees. The Court also awards the requested $65 filing/processing fee and $365.92 court reporter non-appearance fees, for a total of $430.92 in costs.

Sanctions are sought and imposed against Defendant and its attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the amount of $1830/92, within twenty days.

Plaintiff is ordered to give notice.