Case Number: BC712914 Hearing Date: March 18, 2019 Dept: 2

Plaintiff’s Motion to Compel Deposition of Defendant, Stephen Wood, and Request for Production of Documents, Request for Sanctions, filed on 2/11/19 is GRANTED. Defendant, Stephen Wood, is ordered to appear for deposition within 10 days as duly noticed by Plaintiff.

Plaintiff properly served a Notice of Third Continuance of Taking Deposition of Defendant, set for 1/17/19. Motion, Ex. 9.

There is no evidence that Defendant objected to the deposition.

Plaintiff’s counsel sent an email dated 1/15/19 to confirm the deposition. Motion, Ex. 11. Defense counsel did not respond. Declaration of Melissa Aguiana, ¶ 13. Plaintiff’s counsel sent a second email to confirm the deposition on 1/16/19 to which defense counsel did not respond. Id, ¶ 13.

Defendant did not appear for his deposition on 1/17/19. Motion, Ex. 11.

Plaintiff’s counsel sent a meet and confer email on 1/30/19 about the non-appearance. Motion, Ex. 13. Plaintiff’s counsel asked for future available dates and reimbursement of costs incurred. Defense counsel responded that the deposition was unilaterally set. However, there is no evidence that Defendant offered available to dates to Plaintiff notwithstanding defense counsel’s trial schedule. See Motion, Ex. 13. Nor is there evidence that Defendant objected to the deposition notice on that ground.

Plaintiff’s counsel adequately met and conferred in compliance with Cal. Code Civ. Proc. 2025.450(b)(2).

The Court imposes sanctions of $2,110.55 against Defendant, Stephen Wood, and the Law Offices of Peter Wucetich, for misuse of the discovery process. Cal Code Civil Procedure § 2023.010(h). Plaintiff is entitled to reasonable expenses incurred as a result of Defendant’s conduct, which required the preparation of this motion to compel Defendant’s appearance. Cal Code Civil Procedure § 2023.030(a). Such sanctions are payable within thirty (30) days.

Moving party is ordered to give notice.