Case Number: BC670388 Hearing Date: June 04, 2018 Dept: 3

MIRELLA RODRIGUEZ CONTRERAS,

Plaintiff(s),

vs.

M704 KROGER WEST, ET AL.,

Defendant(s).

CASE NO: BC670388

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL DEPOSITION

Dept. 3

1:30 p.m.

June 4, 2018

Plaintiff has sat for deposition on two occasions in connection with this case. However, she has abruptly terminated each session of her deposition, and it has not been completed. Plaintiff did not, at any time, serve an objection to Defendant’s notice of deposition or file a motion for a protective order concerning the deposition. At this time, Defendant moves to compel Plaintiff to complete her deposition.

CCP §2025.450(a) provides, in pertinent part:

If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, … the party giving the notice may move for an order compelling the deponent’s attendance and testimony…

Defendant adequately shows that, while Plaintiff did “attend” her deposition, she failed to “proceed with it,” such that the relief sought is appropriate. Notably, Defendant attempted to meet and confer during the deposition, on the record, but the attempt was not successful.

Within 5 days of this order, Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Plaintiff’s deposition. If Counsel are unable to agree, Defense Counsel may set the deposition on Defense Counsel’s terms with five days’ notice to Plaintiff’s Counsel (time extended by Code if notice by method other than personal service).

Defendant seeks sanctions against Plaintiff in the amount of $2362.55. Sanctions are mandatory. §2025.450(c). The Court has reviewed the Declaration of Counsel in support of the motion, and finds all amounts are reasonable, with one exception: no opposition was filed, and therefore no reply was necessary. The Court reduces the sanctions award by $360 (two hours of attorney time at the requested rate of $180/hour), and awards $2002.55.

Sanctions are sought and awarded against Plaintiff and her attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $2002.55, within twenty days.

Defendant is ordered to give notice.