Case Number: BC652928 Hearing Date: January 25, 2019 Dept: 2

Plaintiff’s Motion to Compel Deposition of Employees and/or Person(s) Most Qualified for Defendant, Bodega Latina Corporation and Request for Production of Documents; Request for Sanctions, filed on 12/18/18, is DENIED.

An order compelling Defendant to produce a Person Most Qualified for deposition is no longer necessary. Plaintiff confirms in his reply that the parties have mutually agreed to hold the deposition on 1/17/19. Reply, 3, 1:2.

Plaintiff now complains that Defendant has objected to the Request for Production of Documents served with the deposition notice, contending that the objections are untimely. However, Defendant did serve a response to the Request for Production of Documents on 11/13/18, three days before the 11/16/18 deposition was to take place. Motion, Ex. 20. Objections are due three days before the deposition is held. Cal. Code Civil Procedure § 2025.410(a).

To the extent Plaintiff believes the objections to be without merit, the parties are required to participate in an Informal Discovery Conference with the Court before a Motion to Compel Further Responses can be heard unless the moving party submits evidence, by way of declaration, that the opposing party has failed or refused to participate in an IDC. Standing Order Re Personal Injury Procedures, Central District, ¶ 13, filed 4/16/18.

Plaintiff is not entitled to an award of sanctions. Defendant has shown substantial justification for failing to proceed with the deposition on 11/16/18 given that counsel could not produce a Person Most Qualified on that date as originally planned because Defendant’s store was busy and short staffed. Defendant offered to coordinate new dates as previously suggested by the Plaintiff (12/6/18 and 12/7/18). Motion, Ex. 21.

Therefore, it is unclear why Plaintiff would proceed with the deposition given that Defendant was not refusing to appear, and given that Defendant gave notice to Plaintiff of Defendant’s inability to produce a witness. Defendant offered future dates after the Thanksgiving holiday to hold the deposition in an effort to meet and confer. Id. Cal. Code Civil Procedure § 2025.450(g)(1).

Defendant’s Request for Sanctions is GRANTED. Plaintiff prematurely filed his motion to compel when Defendant has already proposed two alternative dates in early December. Sanctions in the amount of $1,500 are awarded in favor of Defendant and against Plaintiff’s counsel of record, Daniel Benji, Esq., payable within thirty (30) days.

Moving party is ordered to give notice.