Hearing Date: Tuesday, February 21, 2017
Posted on CourtNet: February 16, 2017
Case Name: Viriato, et al. v. One Good Deed, Inc., et al.
Case No.: BC606545
Motion: Compel Deposition
Moving Party: Defendant/Cross-Complainant Patrick Theodora
Responding Party: *UNOPPOSED*/ NO OPPOSITION WAS FILED.
Notice: OK
________________________________________
Ruling: Defendant/Cross-Complainant Patrick Theodora?s motion to compel the deposition of plaintiff Makond-Sociedade Unipessoal Limitada is GRANTED.
Request for sanctions is granted in the amount of $1,600.00 against plaintiff Makond-Sociedade Unipessoal Limitada and in favor of defendant Patrick Theodora. Payable within 30 days of this ruling.
________________________________________
Defendant/Cross-Complainant Patrick Theodora moves to compel the deposition of plaintiff Makond-Sociedade Unipessoal Limitada Makond (Makond) and for an award of sanctions of $1,600.00 against Makond on the grounds Makond failed to serve objections or appear for a noticed deposition and that Makond, as the plaintiff, cannot refuse to participate in the discovery process.
?Any party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.? CCP ? 2025.010.
?Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served.? CCP ? 2025.410(a).
?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, . . . the party giving the notice may move for an order compelling the deponent’s attendance and testimony . . . .? CCP ? 2025.450(a).
Theodora moves to compel the deposition of Makond on the grounds Makond failed to serve objections or appear for a noticed deposition on January 25, 2017. Johnson Decl. ? 12, Exhs. 8-10. No opposition was filed.
Accordingly, Theodora?s motion to compel Makond?s deposition is GRANTED.
A. 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(g)(1).
Theodora moves requests an award of sanctions of $1,600.00 against Makond based upon 3.0 hours preparing the motion at counsel?s rate of $450.00 per hour and an anticipated $250.00 for the fee for the transcript memorializing Makond?s failure to appear. Johnson Decl. ? 14.
Accordingly, Theodora?s request for sanctions against Makond in the amount of $1,600.00 is GRANTED. Payable within 30 days of this ruling.