Case Number: BC664435 Hearing Date: May 10, 2018 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Rodney Jefferson,

Plaintiff,

v.

Target Corporation, et al.,

Defendants.

Case No.: BC664435

Hearing Date: May 10, 2018

[TENTATIVE] order RE:

defendant’S motion for order compelling plaintiff’s attendance and testimony at deposition

BACKGROUND

Defendant Target Corporation (“Defendant”) moves for an order compelling plaintiff Rodney Jefferson (“Plaintiff”) to submit to deposition.

LEGAL STANDARD

Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document. (CCP §2025.450(a).) A motion to compel the deposition of a party to the action must be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP §2025.450(b)(2).)

DISCUSSION

Defendants served on Plaintiff an initial Notice of Taking Deposition, setting the deposition for October 17, 2017. Plaintiff’s counsel informed defense counsel that Plaintiff was not available for that date. Defendant continued the deposition a few more times until January 15, 2018. However, Defendant agreed to move the date of the deposition one last time to February 13, 2018 at Plaintiff’s request. On February 13, 2018, Plaintiff’s counsel, and counsel for Defendant were present, but Plaintiff did not appear. Defendant took a Certificate of Nonappearance. (Werbin Decl., at ¶ 12.)[1] No information has been provided as to whether Plaintiff or his counsel have attempted to reschedule the deposition since the non-appearance. However, Plaintiff has not filed an opposition to this motion.

Accordingly, Defendant’s motion to compel deposition is granted. Plaintiff is ordered to appear for deposition within twenty (20) days of notice of this order at a date, time, and location to be noticed by Defendant.

Defendant also requests sanctions against Plaintiff and his counsel. The Court finds Plaintiff’s failure to appear for deposition a misuse of the discovery process. (CCP § 2023.010(d).) Sanctions have been sufficiently noticed against Plaintiff and counsel. Sanctions are awarded in the amount of $560.00, representing 2 hours for drafting the motion and for appearance at the hearing, at $250.00 per hour, plus the $60 filing fee. Plaintiff is ordered to pay sanctions to Defendant and Defendant’s attorney in the amount of $560.00 within thirty (30) days of this order.