Case Number: 19STLC04416 Hearing Date: November 21, 2019 Dept: 94

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Jamie Torres’ Motion for an Order Compelling Plaintiff Martin Hernandez’s Attendance at Deposition and for Monetary Sanctions is GRANTED. PLAINTIFF IS ORDERED TO APPEAR FOR HIS DEPOSITION ON DECEMBER 12, 2019 AT 10:00 AM AT THE LAW OFFICES OF MARK R. WEINER & ASSOCIATES, 655 N. CENTRAL AVENUE, SUITE 1125, GLENDALE, CA 91203-1434. PLAINTIFF AND HIS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY DEFENDANT SANCTIONS IN THE AMOUNT OF $956.40 WITHIN 30 DAYS.

GROUNDS FOR MOTION: The Court should compel Plaintiff to appear, testify and produce documents at his properly noticed deposition. Also, the Court should sanction Plaintiff and his counsel for failing to appear. Sanctions are sought in the amount of $1,194.15.

ANALYSIS

Plaintiff Martin Hernandez (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Jamie Torres (“Defendants”) on May 7, 2019. Defendant filed the instant Motion to Compel Plaintiff’s Attendance at Deposition on October 1, 2019. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

Defendant presents evidence that Plaintiff failed to appear for his properly noticed deposition on September 4, 2019. (Motion, Weiner Decl., ¶¶2-3 and Exhs. A-B.) Plaintiff’s counsel did not advise defense counsel that Plaintiff would fail to appear. (Id. at ¶3.) The motion is accompanied by a meet and confer declaration demonstrating that defense counsel reached out to Plaintiff’s counsel following the failure to appear. (Id. at ¶¶4-5 and Exh. C.) In response, Plaintiff’s counsel advised that he has been unable to locate Plaintiff. (Id. at ¶5.)

Based on the Plaintiff’s failure to appear for her properly noticed deposition and continuing lack of cooperation in rescheduling the deposition, the Motion to Compel Plaintiff’s Attendance at Deposition, and Request for Sanctions is GRANTED. PLAINTIFF IS ORDERED TO APPEAR FOR HER DEPOSITION ON DECEMBER 12, 2019 AT 10:00 AM AT THE LAW OFFICES OF MARK R. WEINER & ASSOCIATES, 655 N. CENTRAL AVENUE, SUITE 1125, GLENDALE, CA 91203-1434.

Sanctions are warranted pursuant to Code of Civil Procedure, section 2023.030, subdivision (d) and section 2025.450, subdivision (g)(1,) and have been properly noticed. Sanctions are jointly and severally awarded against Plaintiff and his attorney of record in the reduced amount of $956.40 based on defense counsel’s reasonable attorneys’ fees and costs for bringing this motion. (Id. at ¶¶3, 7 and Exh. B.) Specifically, one hour of attorney time billed at $143.75 per hour, the $61.65 filing fee, the $343.00 videographer fee, and $408.00 reporter fee. (Ibid.) THE SANCTIONS OF $956.40 ARE TO BE PAID WITHIN 30 DAYS.

Moving party to give notice.