2016-00190223-CU-FR

Candace Ward vs. Zenith Endeavors, LLC

Nature of Proceeding: Motion to Compel Plaintiff’s Attendance at Deposition

Filed By: Islas, Julia V.

Defendants’ Motion to Compel Plaintiff’s Attendance at Deposition is unopposed and is granted.

This case arises from a property transaction dispute whereby defendants sought to assist Plaintiff by purchasing her home before a tax sale and allowing her to rent it back, but ultimately had to evict her for non-payment of rent. Plaintiff failed to appear at her deposition on July 13, 2017, October 4, 2017 and November 1, 2017. At the last noticed deposition, plaintiff did not notify defendants that she would not appear.

“Any party may obtain discovery.. .by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.” (CCP. §2025.010.) “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.” CCP. § 2025.280(a).

Code of Civil Procedure §2025.450(a) provides, in relevant part, as follows: “If, after service of a deposition notice, a party to the action . . .without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document or tangible thing described in the deposition notice.

Plaintiff is ordered to appear at her deposition within 20 days of the date of this hearing [or such other date as the parties may mutually agree] after the parties meet and confer as to the date, time and place. If plaintiff does not respond to meet and confer efforts, the defendant may notice the deposition pursuant to the statutory notice requirements.

Plaintiff is ordered to pay monetary sanctions to defendant pursuant to CCP 2025.450 in the reasonable amount of $225 (one hour attorney time and filing fee)