Lawzilla Additional Information: Plaintiff is represented by the McElfish Law Firm

Case Number: BC632831 Hearing Date: September 17, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION

On September 2, 2016, Plaintiff Tomas Ornelas Carrillo (“Plaintiff”) filed a complaint against Defendant Plaza Mexico Foundation (“Defendant”) for assault, battery, intentional infliction of emotional distress, and negligence.

Defendant moves for an order compelling Plaintiff’s deposition. Defendant noticed Plaintiff’s deposition three times with the first notice for April 30, 2019. Plaintiff did not serve any objections and did not appear for his deposition. Plaintiff did not oppose this motion. Pursuant to Code of Civil Procedure section 2025.450(a), the motion is GRANTED. Plaintiff is ordered to appear for his deposition and produce requested documents within 20 days of the date of this order.

Defendant also requests sanctions. The day before the July 26, 2019 deposition date, Plaintiff’s counsel emailed Defendant’s counsel that Plaintiff’s counsel had started a trial and the other attorney in the office was attending a FSC in another matter. Plaintiff’s counsel provided alternative dates for the deposition in August. Defendant’s counsel did not take the deposition off-calendar and took a non-appearance, thereby incurring court reporter and interpreter fees. Although Plaintiff had a conflict, Plaintiff’s counsel should have informed defense counsel more than one day in advance of the conflict so that the late cancellation fee could have been avoided. It should not take many months for Plaintiff’s deposition to occur, and Plaintiff does not show the deposition would have occurred absent this motion. Defense counsel did not need to have a court reporter present, given Plaintiff’s statement that Plaintiff would not be appearing. Therefore, the Court GRANTS the motion for sanctions and orders $500.00 in attorney’s fees, the $60.00 filing fee, and the $785.00 late cancellation fee for the interpreter for a total of $1,345.00 jointly and severally against Plaintiff and Plaintiff’s counsel, to be paid within 20 days of the date of this order.

Moving party to give notice.