Case Number: BC642879 Hearing Date: November 20, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

veronica valencia,

Plaintiff,

v.

kevin lopez, et al.,

Defendants.

Case No.: BC642879

Hearing Date: November 20, 2019

[TENTATIVE] order RE:

PLAINTIFF’s motion for order compelling Defendant’S DEPOSITION

Plaintiff Veronica Valencia (“Plaintiff”) moves to compel the deposition of Ronald Vasquez (“Defendant”). 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).) Plaintiff has the right to take Defendant’s deposition and is entitled to take Defendant’s deposition without leave of court at any time after Plaintiff served Defendant, or after Defendant appeared in the action. (See Code Civ. Proc., § 2025.210, subd. (a).) On September 20, 2019, Plaintiff served a deposition notice on Defendant, in which Plaintiff set Defendant’s deposition for October 15, 2019. Defendant did not object to or attend the deposition. Defendant has not opposed this motion. Therefore, the motion is granted.

Plaintiff requests sanctions against Defendant and Defendant’s counsel. The Court finds Defendant’s failure to appear for deposition a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) The Court therefore imposes sanctions against Defendant and his counsel of record, David Weinberger, Esq., in the amount of $1,060, which represents four hours of attorney time at $250 per hour, plus the $60 filing fee.

CONCLUSION AND ORDER

Plaintiff’s motion to compel Defendant’s deposition is granted. Defendant is to appear for deposition within 30 days of notice of this order, unless Plaintiff stipulates to extend the deadline. Defendant and his counsel of record, David Weinberger, Esq., jointly and severally, are ordered to pay sanctions in the amount of $1,060 to Plaintiff, by and through counsel, within 30 days of notice of this order. Plaintiff shall provide notice and file proof of such with the Court.

DATED: November 20, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court