Case Number: BC621577 Hearing Date: January 17, 2018 Dept: 97

28

vanessa maelyn navarro,

Plaintiff,

v.

derick james boyd ii, et al.,

Defendants.

Case No.: BC621577

Hearing Date: January 17, 2018

[TENTATIVE] order RE:

defendant kaitlin daisy butler’S motions to compel discovery responses and motion to compel attendance at deposition

BACKGROUND

This action involves a motor vehicle accident between Plaintiff Vanessa Maelyn Navarro (“Plaintiff”), who a passenger in Defendant Cheryl J. Petersen’s vehicle, and Defendant Derick James Boyd II. Defendants Penske Truck LSG Co. LP and Kaitlin Daisy Butler (“Butler”) are alleged to be the owner of the motor vehicles in this action or the employers of the driving defendants. The subject accident occurred on June 14, 2014. The complaint, filed May 25, 2016, alleges causes of action for motor vehicle and general negligence.

Butler filed three discovery motions against Plaintiff—two motions to compel supplemental discovery responses, and a motion to compel Plaintiff’s attendance at her deposition. The motions are unopposed.

MOTION TO COMPEL SUPPLEMENTAL DISCOVERY RESPONSES

Butler filed 2 motions to compel responses from Plaintiff for: (1) Supplemental Form Interrogatories, set one; and (2) Supplemental Inspection Demand, set one.

On August 24, 2017, Butler served on Plaintiff the supplemental discovery requests. As of the filing of the motions, Defendant states that she has not received responses from Plaintiff.

Butler’s unopposed motions to compel responses to the supplemental discovery requests are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to provide verified responses to Butler’s discovery requests, without objections, within twenty (20) days of notice of this order.

Butler requests sanctions against Plaintiff and her attorney for a misuse of the discovery process. The requests are granted. Plaintiff and her counsel of record, jointly and severally, are ordered to pay monetary sanctions in the amount of $286 to Butler, by and through counsel, within twenty (20) days of notice of this order.

MOTION TO COMPEL ATTENDANCE AND TESTIMONY AT DEPOSITION

Butler moves to compel the deposition of Plaintiff to occur on January 30, 2018 at 10:00 a.m. at Michael Maguire & Associates’ office located at 611 Anton Boulevard, Suite 900, Costa Mesa, California 92626.

Butler argues that the deposition was properly noticed, but Plaintiff failed to attend and testify at her deposition. The deposition notice was served on April 17, 2017 and scheduled the deposition for June 16, 2017 at Michael Maguire & Associates’ office.

Although Butler’s counsel, James T. Shott, states that Plaintiff did not object to the deposition notice and that an affidavit of non-appearance was taken, Exhibit B to Shott’s declaration is Plaintiff’s objection to the deposition notice and is not an affidavit of non-appearance. Plaintiff objected on the basis that the location of the deposition was 75 miles from Plaintiff’s residence, which is in Washington. (Shott Decl., Ex. B.) The Court finds that this is a valid basis upon which Plaintiff may object to the deposition notice. Shott has not made any showing that he addressed Plaintiff’s objection or that they met and conferred in efforts to informally resolve issues of distance (i.e., by suggesting other methods to conduct Plaintiff’s deposition such as over telephone or videoconference).

Based on the above, the Court denies the motion to compel Plaintiff’s attendance at her deposition as requested by Butler. Butler’s request for sanctions is denied.

CONCLUSION AND ORDER

The motion to compel responses to Butler’s supplemental discovery requests is granted. Plaintiff is ordered to provide verified responses, without objections, within twenty (20) days of notice of this order. Plaintiff and her counsel of record, jointly and severally, are ordered to pay monetary sanctions in the amount of $286 to Butler, by and through counsel, within twenty (20) days of notice of this order.

Based on the above, the Court denies the motion to compel Plaintiff’s attendance at her deposition as requested by Butler. Butler’s request for sanctions in connection with the motion to compel deposition attendance is denied.

Butler is ordered to provide notice of this order.