2012-00134408-CU-BC

Richard Giachino vs. Daniel Corrigan

Nature of Proceeding: Motion to Compel Deposition Nature of Proceeding: Motion to Compel Deposition

Filed By: Petak, Devera L.

Defendants Daniel and Verna Corrigan, and Frank Cook, Inc.’s unopposed motion for
an order compelling Plaintiff Kayla Wright to appear for deposition is granted.

Plaintiff filed a statement of non-opposition and simply requested without any
argument that sanctions either not be granted or be reduced.

Defendants have twice noticed Plaintiff’s deposition and she has failed to appear both
times without informing defense counsel or her own attorney that she would not be
appearing. The motion is granted. (CCP § 2025.450(a).) The deposition shall take
place no later than June 15, 2014. The parties shall meet and confer regarding the
date, time and location of the deposition.

In addition, a mandatory monetary sanction of $750 ($150/hr x 5 hrs) is awarded to
Defendants from Plaintiff Kayla Wright pursuant to CCP § 2025.450(g)(1). Sanctions
are mandatory unless the Court finds that Plaintiff “acted with substantial justification
or that other circumstances make the imposition of the sanction unjust.” (CCP §
2025.450(g)(1).) Here, Plaintiff makes no argument that her two failures to appear for
her properly noticed depositions were substantially justified and no circumstances
render imposition of sanctions unjust. Sanctions are to be paid on or before June 15,
2014. If sanctions are not paid by that date, Defendants may prepare a formal order
granting sanctions for the Court’s signature, and the order may be enforced as a
separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

The notice of motion does not provide notice of the Court’s tentative ruling system as
required by Local Rule 1.06(D). Defendants’ counsel is ordered to notify Plaintiff’s
counsel immediately of the tentative ruling system and to be available at the hearing,
in person or by telephone, in the event Plaintiff’s counsel appears without following the
procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or other notice is required.