Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Bob Khakshooy who is being sanctioned by the court.

Case Number: BC621383 Hearing Date: May 02, 2018 Dept: 7

ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION AND REQUEST FOR MONETARY SANCTIONS AND REQUEST TO CONTINUE TRIAL; MOTION GRANTED

On May 23, 2016, Plaintiff Maria Leticia Garcia (“Plaintiff”) filed this action against Defendants Winco Foods, LLC and Winco Foods, Inc. (“Defendant”) for premises liability and negligence relating to a May 24, 2016 slip and fall. Defendant served a notice of taking Plaintiff’s deposition for January 12, 2018, but at Plaintiff’s counsel’s request, rescheduled the deposition to March 27, 2018. (Declaration of Duane H. Timmons, ¶ 3.) Defense counsel attempted to confirm the deposition on March 21, 22, and 26, but received no response from Plaintiff’s counsel. (Timmons Decl., ¶¶ 4, 5.) Plaintiff failed to appear for her deposition and Defense counsel incurred fees for her nonappearance. (Timmons Decl., ¶ 8.) Defendant seeks to compel Plaintiff’s attendance at deposition and monetary sanctions, and to continue trial.

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code of Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code of Civ. Proc., § 2025.280, subd. (a).)

“If, after service of a deposition notice, a party . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.” (Code of Civ. Proc., § 2025.450, subd. (a).) The motion must set forth both facts showing good cause justifying the demand for any documents and a meet and confer declaration. (Code of Civ. Proc., § 2025.450, subds. (b)(1), (b)(2).)

Plaintiff filed no opposition this Motion and it is undisputed she failed to appear for her deposition. A properly-served deposition notice is sufficient to require a party to appear and testify at an oral deposition. (Code of Civ. Proc., § 2025.280, subd. (a).) Therefore, the Motion to compel Plaintiff’s deposition is GRANTED. Plaintiff is ordered to appear for deposition within twenty (20) days, or other date to which the parties agree.

Defense counsel seeks monetary sanctions in the amount of $2,830.01. Where a motion to compel a party’s appearance and testimony at deposition is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent, unless the court finds the one subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code of Civ. Proc., § 2025.450, subd. (g)(1).) On motion of a party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent’s testimony would be taken, the court shall impose a monetary sanction in favor of that party and against the deponent. (Code of Civ. Proc., § 2025.450, subd. (g)(2).)

The request for monetary sanctions is GRANTED. Monetary sanctions are imposed against Plaintiff and his counsel of record, jointly and severally, in the amount of $1, 211.50 for six hours traveling from Redding to Burbank for the noticed deposition and preparing this Motion at counsel’s rate of $130.00 per hour, the $371.25 Spanish interpreter fees incurred at the deposition, and the $60.00 filing fee. Plaintiff and counsel are ordered to pay this monetary sanction to defense counsel within twenty (20) days of the date of this Order.

The Court also finds there is good cause to continue trial to allow Defendant to take Plaintiff’s deposition. (Cal. Rules of Court 3.1332(c)(6).) The current trial date of May 24, 2018 is advanced to this date and continued to July 26, 2018 at 8:30 a.m. in Department 7. The current final status conference date of May 16, 2018 is advanced to this date and continued to July 12, 2018 at 10:00 a.m. in Department 7. Discovery and motion cut-offs are continued to reflect the new trial date.

Moving party to give notice.