Case Number: BC658868 Hearing Date: March 26, 2018 Dept: 32

VANGUARD RENTALS INC. et al.,

Plaintiffs,

v.

Victor Leonardo torres,

Defendant.

Case No.: BC658868

Hearing Date: March 26, 2018

[TENTATIVE] order RE:

plaintiff’s motion to compel deposition of witness edilberto torres

BACKGROUND

The complaint in this action was filed by Vanguard Rentals, Inc., Jessica Paola Garzon, Carlos Luis Avila and Alfonso Antonio Quirola (“Plaintiffs”), on April 20, 2017. The First Amended Complaint (“FAC”) was filed on May 19, 2017 alleging (1) breach of fiduciary duty; (2) abuse of control; (3) corporate waste; (4) unjust enrichment; (5) misappropriation of funds/conversion; (6) fraud; (7) negligent misrepresentation; and (8) claim and delivery. Defendant Victor Leonardo Torres (“Defendant”) answered the FAC on December 20, 2017.

DISCUSSION

A. Motion to Compel Deposition Testimony

If a subpoena requires the attendance of a witness the Court, upon motion reasonably made, may make an order directing compliance with it upon those terms or conditions as the court shall declare. (CCP §1987.1.) In making an order pursuant to a motion made under §1987.1, the Court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive. (CCP §1987.2(a)).

Plaintiffs move to compel the deposition of third party witness Edilberto Torres (“Edilberto”). As set forth in the motion, Edilberto was served with a deposition subpoena requesting his attendance and production of records on December 13, 2017 at 10:00 a.m. in Plaintiffs’ counsel’s office but Edilberto did not attend. (Alleguez Decl. ¶8.) Edilberto was personally served the deposition subpoena on or about November 29, 2017. (Alleguez Decl. ¶5; Shaouli Proof of Service.) Plaintiff’s counsel left a voicemail message on December 18, 2017 and January 3, 2018 for Edilberto and sent a letter in English and Spanish on or about December 18, 2017 in an effort to meet and confer regarding the deposition but did not receive a response. (Alleguez Decl. ¶9, 10, 11.) Plaintiffs’ counsel’s efforts to inquire about the nonappearance was a good faith attempt to resolve the issue.

Plaintiff requests that Edilberto be ordered to appear at deposition and produce documents on April 5, 2018 at Alleguez & Newman, LLP at 10:00 a.m.

For the foregoing reasons, Plaintiff’s motion to compel is GRANTED.

B. Sanctions

Plaintiff’s Notice of Motion and Motion to Compel Deposition of Witness Edilberto Torres; Memorandum of Points and Authorities and supporting Declarations were served on deponent at his home address on February 25, 2018. Plaintiffs request that the Court award monetary sanctions against Edilberto in the sum of $3,375.00 for willful misuse of the discovery process, failing to comply with the deposition subpoena and for necessitating this motion. (Alleguez Decl. ¶14.)

In the light of the fact that this opposition is unopposed, the Court reduces the amount awarded for reasonable attorney’s fees and costs incurred by filing this motion to $2,173.75. This includes $1050.00 for 3.5 hours of work at the rate of $300 per hour; the $60.00 filing fee; the $675.00 nonrefundable cost of the interpreter; and the $388.75 cost of the court reporter.

Plaintiffs’ request for monetary sanctions for reasonable attorney’s fees and costs incurred by filing this motion is GRANTED in the reduced amount of $2,173.75.