Case Number: BC608370 Hearing Date: October 04, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Sherry Paulson as guardian ad litem for Bennett Paulson,

Plaintiff,

v.

Starbucks coffee company, et al.,

Defendants.

Case No.: BC608370

Hearing Date: October 4, 2019

[TENTATIVE] order RE:

motion to compel depositions

Background

Plaintiffs filed this action against Defendant Starbucks Coffee Company (“Defendant”) based on an accident in which Bennett Paulson was burned by hot tea. Defendant now moves to compel Sherry Paulson and Bennett Paulson to attend depositions. The motion is granted.

LEGAL STANDARD

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).)

DISCUSSION

Defendant has the right to take both depositions without leave of the Court. (See Code Civ. Proc., § 2025.210, subd. (a).) On May 26, 2019, Defendant noticed Plaintiffs’ depositions for July 29, 2019. On that date, Plaintiffs failed to appear for deposition. (Declaration of Shayne Piggins, Exhibit A, ¶¶ 3-6.) Accordingly, the motion to compel depositions is granted.

Defendant requests sanctions against Plaintiffs and their counsel-of-record. The Court concludes that sanctions are warranted per Code of Civil Procedure, section 2025.450, subdivision (g)(1), because the failure to appear for depositions absent objections constitutes an abuse of the discovery process. The Court orders Sherry Paulson and Julius Johnson, Esq., jointly and severally, to pay sanctions in the amount of $1,062 based upon four hours of attorney time at a rate of $200 per hour plus a court reporter fee of $202 and a filing fee of $60.

CONCLUSION AND ORDER

Defendant’s motion to compel Plaintiffs’ deposition is granted. Sherry Paulson and Bennett Paulson shall appear for depositions on October 8, 2019 as follows:

Bennett Paulson:

Aptus Court Reporting

1000 Wilshire Boulevard, Suite #1900

Los Angeles, California 90017

October 8, 2019, at 10:00 a.m.

Sherry Paulson

Aptus Court Reporting

1000 Wilshire Boulevard, Suite #1900

Los Angeles, California 90017

October 8, 2019, at 12:00 a.m.

The Court orders Sherry Paulson and Julius Johnson, Esq., jointly and severally, to pay sanctions in the amount of $1,062 within thirty (30) days of notice of this order. Defendant shall provide notice and file proof of such with the Court.

DATED: October 4, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court