Defendants Jimmy Kung and Abbie Wang?s (?Defendants? together) Motion to Compel the Depositions of Plaintiff?s Representatives (?Motion?) is Granted.? No later than 10/19/18, Plaintiff is ordered to provide three different weekday date options each, for the depositions of Ken Ko and Fang Chen.? Plaintiff is also ordered to provide sanctions in the amount of $2,015.
Pursuant to C.C.P. ? 2025.450, a party may move the Court for an order compelling a deponent?s attendance and testimony.? Here, it appears that defense counsel properly noticed the depositions of Plaintiff persons most knowledgeable Ken Ko and Fang Chen.? Counsel also repeatedly made attempts to schedule these depositions along with the deposition of his clients.? Unfortunately, it appears from the evidence submitted that Plaintiff?s counsel has failed to work in good faith with defense counsel to schedule these depositions.? The Motion is therefore appropriate.
The Court may also award monetary sanctions for abuse of the discovery statute, which appears to be proper in this instance.? C.C.P. ? 2023.030.? The amount of time spent and the hourly rate seems excessive for this Motion.? The Court awards attorney fees and costs in the amount of 5 hrs * $391.00/hr. + $60 fee = $2,015.? The Court finds that under a loadstar method, a 15% reduction in the fees charged in this matter is appropriate, and a reduction in the amount of hours is also appropriate given the lack of complexity of the motion.??Donahue v. Donahue?(2010) 182 Cal.App.4th 259.
Moving party to give notice.