17-CIV-02099 MANUEL REYES VS. VIJAY CHAND, ET AL.

MANUEL REYES VIJAY CHAND
DANIEL MARTINEZ DE LA VEGA JEROME P. BELLOTTI

MOTION TO COMPEL DEFENDANT VIJAY CHAND AND DEFENDANT SARAS WATI’S DEPOSITIONS; REQUEST FOR SANCTIONS TENTATIVE RULING:

Plaintiff’s Motion to Compel Depositions is GRANTED pursuant to Code of Civ. Proc. Section 2025.450. Defendants have failed to proceed with their depositions as scheduled, without having served a valid objection under Code of Civ. Proc. Section 2025.410 as required by Section 2025.450(a). However, they did appear at an earlier-scheduled, and then canceled, deposition and requested alternative dates for the rescheduled depositions based on medical need. Defendants are in agreement that the depositions should take place. Plaintiff’s counsel’s insistence on particular documentation regarding the medical excuse before agreeing to reschedule was made without legal support, but the short time for trial necessitates that the depositions be taken without delay.

Plaintiff’s Request for Monetary Sanctions is DENIED. This minor conflict could easily have been solved without court intervention with cooperation by Plaintiff’s counsel, so the imposition of sanctions against Defendants and their counsel would be unjust pursuant to Code of Civ. Proc. Section 2025.450(g)(l).

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.