Case Number: BC594504??? Hearing Date: August 29, 2016??? Dept: 32
MARY-KATE DEWARD, et al.,
Plaintiffs,
v.
EAT TO THE BEAT!, et al.,
Defendants.
Case No.: BC594504
Hearing Date: August 29, 2016
[TENTATIVE] ORDER RE:MOTION FOR SANCTIONS RE: PLAINTIFFS? FAILURE TO PROCEED WITH DEPOSITION OF CRAIG MARTIN
Defendants Eat to the Beat!, dba Caf? 50?s, and Craig Martin (?Defendants?) move for an order imposing monetary sanctions on Plaintiffs Mary-Kate Seward, Michelle Wellman, and Joseph Lubitch (?Plaintiffs?) and their counsel of record, Kristensen Weisberg, LLP, for failure to proceed with the noticed deposition of Defendant Martin. As set forth in the motion, Plaintiffs noticed the deposition of Defendant Martin for April 5, 2016 at 2:00 p.m. at Plaintiffs? Counsel?s office. Plaintiffs? counsel cancelled the deposition by email approximately one hour before the deposition was scheduled to occur. In opposition, Plaintiffs contend that Defendants failed to confirm the deposition until less than two hours before the scheduled time, and all prior communications with Defendants? office indicated intent not to produce. The Court is unpersuaded by Plaintiffs? contentions. The discovery statute does not require a deponent to confirm that he or she will appear for deposition. Once a deposition is properly noticed, the parties are required to attend. Furthermore, based on the evidence submitted by both parties, it appears that Defendants? did in fact confirm attendance at the deposition.
Defendants request sanctions in the amount of $7,560 against Plaintiffs and Plaintiffs? Counsel, which includes 16.3 hours spent preparing the motion and supporting declarations, and 5 hours expected traveling to and from the motion hearing. The Court finds this amount to be unreasonable for a motion of this nature, and reduces the award to $1,500. Furthermore, the Court finds no evidence that Plaintiffs engaged in any discovery abuse. The decision to cancel the deposition can be attributed to Plaintiffs? Counsel only.
The motion is GRANTED. Plaintiffs? Counsel, Kristensen Weisberg, LLP, to pay total monetary sanctions of $1,500 to Defendants? counsel of record, Pedrick Law Group, APC, within 30 days of receiving notice of this ruling.