Case Number: KC068514 Hearing Date: January 08, 2019 Dept: O

Plaintiff Charles Magdesian’s (“Plaintiff”) motions to compel defendants Richard Yu and Nancy Chen (collectively, the “defendants”) to appear at deposition are GRANTED. Defendants are ordered to appear at the next properly noticed depositions. Reduced sanctions are imposed against defendants, jointly and severally, in the sum of $1,500.00, payable within 30 days.

Plaintiff moves to compel Defendants Yu and Chen to appear at deposition pursuant to Code of Civil Procedure Section 2025.450.

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, 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 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. (CCP § 2025.450(a).) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document or tangible thing described in the deposition notice; and 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 or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP § 2025.450(b).)

Defendants were noticed of their depositions set for October 8, 2018. On October 3, 2018, defendants served timely objections per CCP 2025.410(a). As a result, plaintiff requested alternative dates, but defendants failed to proffer any new dates. (See Motions to Compel Defendants to Attend Depositions, Exhibit 3.)

Accordingly, the motions are GRANTED. Defendants are ordered to appear at the next properly noticed depositions.

Sanctions: If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (CCP § 2025.450(c)(1).)

The Court finds that sanctions are warranted because defendants failed to offer alternative dates within a reasonable time. The last communication that plaintiff received from defendants was on November 19, 2018, when defendants promised “to get you dates.” Defendants failed to supplement their email with alternative dates within a reasonable time. It was not until after the motions were filed on November 20, 2018, that defendants offered an alternative date of December 20, 2018. This failure necessitated the instant motions. Thus, sanctions are warranted. The Court finds that plaintiff’s request of $3,620.00 is excessive. Instead, reduced sanctions are imposed against defendants, jointly and severally, in the sum of $1,500.00, payable within 30 days.