Case Number: BC627112 Hearing Date: February 26, 2018 Dept: 47

Jose Carillo v. Va Va Voom

MOTION FOR PROTECTIVE ORDER; REQUEST FOR SANCTIONS

MOVING PARTY: Defendant VaVaVoom

RESPONDING PARTY(S): Plaintiff Jose Carillo

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a wage and hour and PAGA action.

Defendant VaVaVoom moves for a protective order.

TENTATIVE RULING:

Defendant VaVaVoom’s motion for protective order is GRANTED.

Defendant’s request for sanctions is GRANTED IN PART in the amount of $2,310, which the Court finds to be the amount of reasonable attorney’s fees and costs incurred in bringing this motion. Sanctions are imposed upon Plaintiff’s counsel only, as there is no indication that the Plaintiff client himself was responsible for noticing the oppressive number of depositions. Sanctions are to be paid to Defendant’s counsel within 20 days.

DISCUSSION:

Motion For Protective Order

Defendant VaVaVoom moves for a protective order precluding Plaintiff from taking the deposition of the 99 named individuals in the deposition notice.

(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.

(b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:

(1) That the deposition not be taken at all.

. . .

(g) If the motion for a protective order is denied in whole or in part, the court may order that the deponent provide or permit the discovery against which protection was sought on those terms and conditions that are just.

(h) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

. . .

CCP § 2025.420.

Defendant’s counsel has submitted a meet and confer declaration. See Declaration of Vanessa Willis, ¶¶ 6, 7; Exh. E thereto.

Here, Defendant has demonstrated good cause for the requested protective order, as forcing Defendant’s counsel to appear at the depositions of 99 current and former employees is oppressive and imposes undue burden and expense upon Defendant. Plaintiff may seek from Defendant production of the records pertaining to the employees upon which Plaintiff’s PAGA claim for civil penalties is based. Only if Plaintiff can explain why these records are insufficient to enable Plaintiff to prove his PAGA claim as to these employees will Plaintiff be permitted to seek depositions of employees.

Moreover, it is abundantly clear to this court, given the totality of the circumstances concerning the conduct of the plaintiff’s counsel to date in this case, that the extreme and unjustifiable noticing of almost 100 depositions were designed to simply harass and cause the defendant “undue burden and expense.”

Accordingly, the motion for a protective order is GRANTED.

Defendant’s request for sanctions is GRANTED IN PART in the amount of $2,310 (6 total hours at $375/hour plus $60 filing fee—see Declaration of Vanessa V. Willis., ¶ 10), which the Court finds to be the amount of reasonable attorney’s fees and costs incurred in bringing this motion. Sanctions are imposed upon Plaintiff’s counsel only, as there is no indication that the Plaintiff himself was responsible for noticing the oppressive number of depositions. Sanctions are to be paid to Defendant’s counsel within 20 days.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: February 26, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court