Case Number: BC709422 Hearing Date: January 07, 2019 Dept: 4A

Motion to Compel Deposition (and to Requests for Production of Documents); Requests for Sanctions

The court considered the moving and opposition papers.

On June 8, 2018, Plaintiff Jonathan Oviedo filed a Complaint against Defendants Gabriella and Leticia Navarro for motor vehicle negligence based on an incident that occurred on September 30, 2017.

Plaintiff requests that the court compel Defendants Gabriella Navarro and Leticia Navarro to attend and testify at their depositions; and to produce the documents specified in the duly noticed Notice of Taking Deposition and Request for Production of Documents, within ten (10) days from the date these Motions are heard.

CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . 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 . . . described in the deposition notice.”

CCP § 2025.450(b) states, “A motion under subdivision (a) shall comply with both of the following:

The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”

CCP § 2016.040 states, “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”

On July 19, 2018, Plaintiff served a Notice of Taking of Deposition on Defendant Leticia Navarro, and set the Deposition for August 16, 2018. On July 26, 2018, Plaintiff served a Notice of Taking of Deposition on Defendant Gabriella Navarro, and set the Deposition for August 22, 2018. Defendants served their respective objections on August 6, 2018 on grounds that the depositions were unilaterally set, and counsel for Defendants recently entered an appearance in the matter. Between August 14, 2018 and August 20, 2018, the Parties engaged in meet and confer correspondence regarding the August 16, 2018 and August 22, 2018 depositions. On August 24, 2018, Plaintiff served Notices of First Continuance of Taking Deposition and set both depositions for October 2, 2018. Upon Defendants’ request, the Parties agreed to re-notice the depositions. On October 9, 2018, Plaintiff served Notices of Taking of Deposition on Defendants, and set the depositions for November 9, 2018. Defendants served objections on November 1, 2018 on grounds of unavailability. To date, Defendants Leticia and Gabriella Navarro have not been deposed in the instant matter.

In Opposition, Defendants aver that Defendants and their counsel have cooperated fully in discovery; there has been no prejudice to Plaintiff; and the instant Motions are ambiguous.

Here, however, the Court finds that Plaintiff’s Motions are proper as Plaintiff has sufficiently met and conferred to avoid court intervention; and has advanced reasonable and good faith attempts at informal resolution. As such, Plaintiff’s Motions are granted as to Defendants Leticia and Gabriella Navarro.

Further, the Court finds that monetary sanctions are warranted pursuant to CCP §2023.010(d); and finds that $2,122.60 is reasonable. [$300 hourly rate x 6 hours (3 hours motion prep/3 hours court appearance) + $292.60 (certificate of non-appearance) + $60.00 (filing fee).] Accordingly, Plaintiff’s request for sanctions is granted.

Defendants’ request for sanctions in the sum of $1,900 is denied as the imposition of sanctions against Plaintiff is unwarranted.

The Court ORDERS:

Defendants Leticia Navarro and Gabriella Navarro to attend and testify at their depositions; and to produce the documents specified in the duly noticed Notice of Taking Deposition and Request for Production of Documents within ten (10) days from the date these Motions are heard.

Defendants Leticia Navarro and Gabriella Navarro and their attorneys of record, Dwayne S. Beck & Associates, pay costs, sanctions and attorneys’ fees in the sum of $2,122.60 to Plaintiff within 30 days from the date of the hearing of these Motions.
Plaintiff is ordered to give notice of this ruling.