2015-00186531-CL-PA

Pascual Tomas vs. Celina Michelle Munoz

Nature of Proceeding: Motion to Compel Attendance and Testimony at Deposition

Filed By: Williams, III, Henry

Defendant’s Motion to Compel deposition of self-represented plaintiff is unopposed and is granted.

Plaintiff failed to appear at his depositions noticed for July 19, 2016 and December 12, 2016. Plaintiff never objected to the deposition notices and failed to appear at two properly noticed depositions. (See Exhibits A and B attached to the Declaration of Henry Williams III.)

“Any party may obtain discovery.. .by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.” (CCP. §2025.010.) “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.” CCP. § 2025.280(a).

Code of Civil Procedure §2025.450(a) provides, in relevant part, as follows: “If, after service of a deposition notice, a party to the action . . .without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document 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 or tangible thing described in the deposition notice.

On motion of any other 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 also impose a monetary sanction under Chapter 7 (commencing with §2023.010) in favor of that party and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. 2025.450(g)(2). THe Court orders plaintiff to pay monetary sanctions to defendant in the amount of $454.20.

The parties shall meet and confer on a date, time and place for the deposition to occur within 30 days of the date of this hearing. If plaintiff does not respond to meet and confer efforts, the deposition may be noticed pursuant to the provisions of CCP 2025.210 et seq.