Motion for Terminating Sanctions (Judge Patricia Nieto)

Case Number: BC542863??? Hearing Date: January 04, 2017??? Dept: 91

Motion by Defendant, Jeffrey Shawn Hughes, Imposing Terminating Sanctions Against Plaintiffs, Lauren Ford, Catherine Fairbanks, and James Saxon, and Request for Monetary Sanctions against Plaintiffs and Their Counsel, filed on 11/23/16, is GRANTED. The court orders the action dismissed as against Defendant, Jeffrey Hughes only, for Plaintiffs? failure to comply with the court?s order to appear for their depositions on 10/26/16. Cal. Code Civ. Proc. ? 2023.010.

Plaintiff Fairbanks had previously complied with a notice to appear for deposition which took place in Brazil, but that deposition could not be completed. Geringer Declaration, ? 10-13.

Plaintiffs did not oppose the Defendants? 10/21/16 motion to compel their depositions. Nor have Plaintiffs sought a protective order to prevent the taking of their depositions because of a purported violation of international law. Instead, Plaintiffs proceeded to arrange their depositions to be taken in Brazil and proposed a closer location for the continued depositions, also in Brazil. Geringer Declaration ?? 10-13.

Therefore, it is disingenuous for Plaintiffs to now refuse to appear for their continued depositions in Brazil because of a purported illegality. Plaintiffs never served objections to the deposition notices, which were required three days before the dates of the scheduled depositions. Consequently, any error or irregularity is waived. Code Civ. Proc., ? 2025.410.

The court also imposes sanction of $540 against Plaintiffs for discovery abuse. Cal. Code Civ. Proc. ? 2023.030(a). Moving party is ordered to give notice.