Case Number: 19STCV04471 Hearing Date: January 22, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
MARGIANNE REYNOLDS,
Plaintiff(s),
vs.
RACHEL GARCIA, et al.,
Defendant(s).
Case No.: 19STCV04471
[TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS AT DEPOSITION
Dept. 31
1:30 p.m.
January 22, 2020
Defendant has noticed Plaintiff’s deposition on multiple occasions. Plaintiff failed to appear at her properly noticed deposition on 11/14/19, and has not responded to communication attempting to reschedule the deposition. At this time, Defendants move to compel Plaintiff’s deposition, to compel production of documents at deposition, and seeks to recover sanctions.
The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, but did not appear. Of note, any opposition to the motion was due on or before 1/08/20. The Court has not received opposition to the motion.
Plaintiff is ordered to appear for deposition on 2/26/20 at 10:00 a.m. at the Law Office of Mark R. Weiner & Associates, 655 N. Central Ave, Suite 1125, Glendale, CA 91203.
The Court notes that the notice of deposition includes a demand for production of documents, and Defendant seeks an order compelling Plaintiff to produce all identified documents at her deposition. The moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). There is no discussion of good cause, and therefore the Court declines to enter an order compelling Plaintiff to produce documents, but urges the parties to work together to resolve any issues concerning documents without court intervention.
Defendant seeks sanctions against Plaintiff in the amount of $1001.15. Sanctions are mandatory. §2025.450(c). The Court finds the amount reasonable and fully supported by Defense Counsel’s declaration. Plaintiff, in pro per, is ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $1001.15, within twenty days.
Defendant is ordered to give notice.