2016-00192076-CU-NP

Sacramento Municipal Utility District vs. Elaine Martinez

Nature of Proceeding: Motion to Compel Defendant Elaine Martinez to Attend and Testify at

Filed By: Colomba, Julio

Plaintiff’s motion to compel pro per Defendant Elaine Martinez to attend and testify at deposition and to compel discovery responses is UNOPPOSED and is ruled upon as follows.

Motion to Compel Response to Discovery

The motion is DENIED without prejudice. Plaintiff did not include a proof of service showing the date upon which the discovery was served on Defendant. Thus, the Court cannot verify that the discovery was served or the date that it was served.

Motion to Compel Attendance at Deposition

The motion is GRANTED. Plaintiff noticed Defendant’s deposition for 11/1/2017.

Defendant failed to appear for deposition.

The Court construes Defendant’s failure to oppose the motion as a concession on the merits.

Defendant shall appear for and submit to examination no later than 3/9/2018 (unless Plaintiff agrees to a later date memorialized in writing).

Plaintiff is awarded monetary sanctions in the amount of $322.15 (1 hr x $155/hr, plus $167.15 for court reporter fee for the deposition when Defendant failed to appear.

Sanctions to be paid no later than 3/9/2018 and if not paid by that date, Plaintiff may prepare for the Court’s signature a

formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

Plaintiff to provide notice of this ruling and file proof of service of same within three (3) calendar days.