Case Number: BC506003    Hearing Date: July 30, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

RENE PENA,
Plaintiff(s),
vs.

JULIA AKS, ET AL.,
Defendant(s).

Case No.: BC506003

[TENATATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO COMPEL DEPOSITION

Dept. 92
1:30 p.m. — #21
July 30, 2014

Defendants, Julia Aks & Erika Wueschner’s Unopposed Motion to Compel Plaintiff’s Deposition is Granted. Plaintiff is ordered to appear for deposition on a date, time, and location to be agreed upon between Plaintiff and Defense Counsel, not more than ten days from today’s hearing date. If the parties cannot agree on deposition details, Defense Counsel may unilaterally set the deposition with five days’ notice. Plaintiff is ordered to pay sanctions to Defendants, by and through Counsel, in the amount of $540.

Defendants propounded a notice of deposition on Plaintiff on 1/23/14, setting the deposition for 2/10/14. The deposition was continued several times. Plaintiff refused to appear for deposition despite the several continuances. At this time Defendant moves to compel the deposition.

The unopposed motion to compel is granted. CCP §2025.450(a). Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Plaintiff’s deposition. The deposition must go forward within ten days. If Counsel are unable to resolve this issue, Defense Counsel may set the deposition on Defense Counsel’s terms with five days’ notice to Plaintiff’s Counsel.

Defendant seeks sanctions against Plaintiff and his attorney of record in the amount of $860. Sanctions are mandatory. §2025.450(c). The Court notes that Plaintiff’s counsel has withdrawn from the action as of 6/18/14 per the Court’s order. Thus, sanctions are ordered only against Plaintiff at a reduced amount. The Court awards two hours to travel to and from this court appearance, and one hour to draft the moving papers for this motion, all at $160/hour. The Court additionally awards $60 for the filing fee for this motion. Plaintiff is ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $540.

Dated this 30th day of July, 2014

Hon. Elia Weinbach
Judge of the Superior Court