Case Number: EC060542 Hearing Date: June 12, 2014 Dept: A

Primestor South El Monte v We

MOTIONS TO COMPEL DEPOSITION (3)

Calendar: 3
Case No: EC060542
Date: 6/13/14

MP: Plaintiff, Primestor South El Monte, LLC
RP: Defendants, Gerry Apparel, Inc., Jane Jongsook We, and True Color Textile, Inc.

RELIEF REQUESTED:
1. Order compelling the Defendant, Gerry Apparel, Inc., to appear for a deposition; order imposing monetary sanctions of $1,035 on the Defendant.
2. Order compelling the Defendant, Jane Jongsook We, to appear for a deposition; order imposing monetary sanctions of $2,010 on the Defendant.
3. Order compelling the Defendant, True Color Textile, Inc., to appear for a deposition; order imposing monetary sanctions of $1,035 on the Defendant.

CHRONOLOGY:
Notices of Deposition served: February 18, 2014 (Jane We)
February 26, 2014 (Gerry Apparel and True Color)
Date of Deposition: March 26, 2014 (Jane We)
March 27, 2014 (Gerry Apparel and True Color)

DISCUSSION:
This case arises from the Plaintiff’s claim that the Defendants breached a lease agreement by leaving the property before the end of the lease term.
Trial set for July 7, 2014.

At this hearing, the Plaintiff seeks discovery orders compelling the Defendants to appear for their deposition. The Plaintiff’s attorney, Ernie Park, states facts demonstrating that the Defendants did not appear for their properly noticed depositions.

Under CCP section 2025.450, the Court may order a party to appear for a deposition when the party has failed to appear for or to proceed with a properly noticed deposition. Copies of the notices of deposition are attached as exhibit 1 to each motion. Since the Defendants did not appear for their noticed depositions, the Court will order the Defendants under CCP section 2025.450 to appear for their depositions.

The Plaintiff requests that the Court impose monetary sanctions in each motion. Under CCP section 2025.450, the Court may impose reasonable monetary sanctions on the Defendants for the failure to comply with discovery. Monetary sanctions are appropriate because the Defendants’ failure to comply with discovery has caused the Plaintiff to incur attorney’s fees and costs.
The Defendant’s attorney, Ted Koon, submitted a declaration to request that the Court not impose the monetary sanctions on himself. Mr. Koon states that his client, Jane We, advised him that she was not interested in defending herself and that the corporations would be filing for bankruptcy. Further, Mr. Koon states that Jane We advised him that she would not be attending her depositions. Mr. Koon states that he immediately called the Plaintiff’s counsel to advise him that Jane We would not be attending her deposition.
Mr. Koon states that he sent a substitution of attorney to his client, Jane We, but that she has not returned it.
These facts indicate that the Defendant’s attorney, Ted Koon, did not cause the Plaintiff to incur the fees and costs associated with this motion. Accordingly, the monetary sanctions will be imposed solely on the Defendants and not their counsel.

The Plaintiff’s attorney, Ernie Park, states in his declarations that he bills at $325 per hour and that the filing fee was $60 per motion. In addition, Mr. Park states that he expects to spend 1 hours on each motion, 2 hours appearing on each motion, and that he spend 3 hours preparing for and appearing at the deposition of Jane We.
The Court will adjust the amount requested by reducing the attorney’s fees to $250 per hour. In addition, the Court will reduce the time to appear because it will not take a total of six hours to appear on these three, standard discovery motions. A more reasonable amount of time would be three hours for the Defendant’s counsel to travel from his office in Whittier and appear on the motions. This will be allocated at one hour per motion.
Accordingly, the amount of monetary sanctions is the following:

1) $560 on the motion regarding the Defendant, Gerry Apparel, Inc. (2 hours at $250 per hour plus $60 filing fee);
2) $1,310 on the motion regarding the Defendant, Jane We (2 hours on motion at $250 per hour and 3 hours on deposition at $250 per hour plus $60 filing fee);
3) $560 on the motion regarding the Defendant, True Color Textile, Inc. (2 hours at $250 per hour plus $60 filing fee);

RULING:
1. Order the Defendant, Gerry Apparel, Inc., to appear for a deposition on June 23, 2014 at 9:00 AM at the office of counsel for plaintiff or such other time and place as may be agreed upon in writing. ; Impose monetary sanctions on the Defendant in the sum of $560.00.
2. Order the Defendant, Jane Jongsook We, to appear for a deposition on June 23, 2014 at 10:00 AM at the office of counsel for plaintiff or such other time and place as may be agreed upon in writing; Impose monetary sanctions on the Defendant in the sum of $1,310.00.
3. Order the Defendant, True Color Textile, Inc., to appear for a deposition on June 23, 2014 at 11:00 AM at the office of counsel for plaintiff or such other time and place as may be agreed upon in writing; Impose monetary sanctions on the Defendant in the sum of $560.00.