Case Number: KC070367 Hearing Date: May 11, 2020 Dept: O
Defendant and Cross-Complainant Hong-Wei Jing’s motion to compel Defendant and Cross-Defendant Lian Wang to appear and testify at deposition is GRANTED. Sanctions are awarded in the amount of $3,125.00.
Defendant and Cross-Complainant Hong-Wei Jing (“Defendant Jing”) moves to compel Defendant Cross-Defendant Lian Wang (“Cross-Defendant Wang”) to appear and testify at deposition pursuant to Code of Civil Procedure section 2025.450:
If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document or tangible thing described in the deposition notice.
(CCP § 2025.450(a).) “The motion shall set forth specific facts showing good cause justifying the production for inspection of any document or tangible thing described in the deposition notice; and shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (CCP § 2025.450(b).)
On November 15, 2019, Defendant Jing served Cross-Defendant Wang a notice of deposition requiring her to appear for her deposition on December 2, 2019. (Boustani Decl., ¶ 4.) Cross-Defendant Wang did not object to the deposition notice and failed to appear at the deposition on December 2, 2019. (Id.) On December 23, 2019, Defendant Jing’s counsel sent Cross-Defendant Wang a letter to reschedule the deposition. (Id. at ¶ 6.) Defendant Jing’s counsel never received a response to the letter. Defendant Jing’s counsel made other numerous attempts to reach Cross-Defendant Wang, but to no avail. (Id. at ¶¶ 7-10.)
The Court did not receive an opposition from Cross-Defendant Wang. This motion, then, is GRANTED. Sanctions in the reasonable amount of $3,125.00 are imposed against Cross-Defendant Wang, payable within 30 days.