2017-00212507-CU-PA

April Martinez vs. Aman Bhamani

Nature of Proceeding: Motion to Compel Defendant’s Deposition

Filed By: Price, Christopher A.

Plaintiff April Martinez’ motion to compel defendant Aman Bhamni to appear for deposition is GRANTED.

Plaintiff noticed Defendant’s deposition for September 7, 2018. Defendant did not object and did not appear. Defense counsel appeared at the deposition and reported that his office had informed Defendant of the deposition.

Defendant has filed a statement of non-opposition, but requests sanctions not be awarded against defense counsel because they contend they have been diligent in trying to get Defendant to comply.

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 produce any documents for inspection described in the deposition notice, the party serving the notice may move for an order compelling the deponent’s attendance and testimony and for production of documents. (CCP § 2025.450(a).)

Mr. Bhamni is ordered to appear for his deposition no later than November 5, 2018. The parties shall meet and confer to set up a mutually agreeable date, time, and place for the deposition to take place on or before the date set forth above.

Plaintiff’s request for sanctions is granted in the amount of $935 (representing two hours of attorney’s fees to prepare this motion at the rate of $250/hour, plus the $60 filing fee, plus $125 in attorney’s fees to appear at the deposition and $250 in court reporter fees) to be paid by Defendant to Plaintiff’s counsel no later than November 25, 2018. If sanctions are not paid by the due date, prevailing party may submit a formal order for enforcement purposes. (Newland v Superior Court (1995) 40 Cal.App.4th 608, 610.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.