On 11/15/2018 ARACELY VILLATORO filed a Personal Injury - Motor Vehicle lawsuit against ROBIN STEIN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.
*******3893
11/15/2018
Other
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
VILLATORO ARACELY
STEIN ROBIN
WABBY WALTER JAMES
MORRIS ANTOINETTE D.
9/13/2019: Motion to Compel (name extension) - Motion to Compel Plaintiffs Attendance at Deposition
11/5/2019: Minute Order - Minute Order (Hearing on Motion to Compel Deposition of Plaintiff Aracely V...)
11/5/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
11/21/2019: Request for Dismissal - Request for Dismissal
6/3/2019: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)
6/3/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
3/25/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
3/25/2019: Notice of Motion - Notice of Motion
2/5/2019: Notice of Change of Firm Name - Notice of Change of Firm Name
1/9/2019: Demand for Jury Trial - Demand for Jury Trial
1/10/2019: Answer - Answer
12/3/2018: Proof of Personal Service - Proof of Personal Service
11/15/2018: Summons - Summons on Complaint
11/15/2018: Complaint - Complaint
11/15/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
11/15/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/15/2018: First Amended Standing Order - First Amended Standing Order
DocketNon-Jury Trial scheduled for 05/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/22/2019
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/18/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 11/22/2019
DocketOn the Complaint filed by Aracely Villatoro on 11/15/2018, entered Request for Dismissal with prejudice filed by Aracely Villatoro as to the entire action
DocketRequest for Dismissal; Filed by: Aracely Villatoro (Plaintiff); As to: Robin Stein (Defendant)
DocketNotice of Posting of Jury Fees; Filed by: Robin Stein (Defendant)
DocketMinute Order (Hearing on Motion to Compel Deposition of Plaintiff Aracely V...)
DocketHearing on Motion to Compel Deposition of Plaintiff Aracely Villatoro scheduled for 11/05/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 11/05/2019; Result Type to Held
DocketMotion to Compel Plaintiffs Attendance at Deposition; Filed by: Robin Stein (Defendant); As to: Aracely Villatoro (Plaintiff)
DocketPursuant to the request of moving party, Hearing on Motion to Compel Motion to Compel Deposition scheduled for 10/31/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Taken Off Calendar by Party on 09/13/2019
DocketHearing on Motion to Compel Deposition of Plaintiff Aracely Villatoro scheduled for 11/05/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketDemand for Jury Trial; Filed by: Robin Stein (Defendant)
DocketProof of Personal Service; Filed by: Aracely Villatoro (Plaintiff); As to: Robin Stein (Defendant)
DocketComplaint; Filed by: Aracely Villatoro (Plaintiff); As to: Robin Stein (Defendant)
DocketCivil Case Cover Sheet; Filed by: Aracely Villatoro (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 05/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC13893 Hearing Date: November 05, 2019 Dept: 94
MOTION TO COMPEL DEPOSITION
(CCP § 2025.450)
TENTATIVE RULING:
Defendant Robin Stein’s Motion to Compel Deposition is GRANTED IN PART.
ANALYSIS:
I. Background
On January 9, 2019, Defendant Robin Stein (“Defendant”) served a notice of deposition on Plaintiff Robin Stein (“Plaintiff”) for a deposition scheduled for April 30, 2019. (Motion, Exh. A.) Plaintiff failed to appear for her duly noticed deposition. (Id., Morris Decl. ¶ 2.) As a result, Defendant filed the instant Motion to Compel Deposition (the “Motion”) on September 13.
II. Discussion
A. Meet and Confer
“The motion 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, electronically stored information, 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)(2), emphasis added.) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Id. § 2016.040.)
Here, Defendant’s counsel declaration fails to state what meet and confer effort he made under penalty of perjury as required by CCP § 2016.040. Rather, Defendant’s counsel asserts that he met and confer with Plaintiff’s counsel in the Memorandum of Points and Authorities. (Motion pp. 4-5.) The Court disregards this mistake this one time under CCP § 475, but Defendant’s counsel is admonished for failing to satisfy the requirement of filing a meet-and-confer declaration under Section 2016.040. Nevertheless, the Court finds the meet-and-confer effort stated in the Memorandum to be satisfactory and turns to the merits of the Motion.
B. Merits
Because Plaintiff has failed to attend her duly noticed deposition, she is ordered to attend her deposition pursuant to CCP § 2025.450(a).
C. Sanctions
Because of the serious nature of sanctions, CCP § 2023.040 mandates that “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.”
Here, the Notice of Motion fails to specify the a request for sanctions and identify the person against whom sanctions is sought as required by CCP § 2023.040. Likewise, Defendant’s counsel’s declaration fails to state any facts under penalty of perjury as to his hourly rate, hours spent, and legal services provided. “‘Due process mandates adequate notice and opportunity to be heard prior to the imposition of sanctions. [Citation.]’ [Citation.]” (Eby v. Chaskin (1996) 47 Cal.App.4th 1045, 1049.) Because Plaintiff has not been afforded her due process as to the issue of sanctions, the Court declines to impose sanctions here.
III. Conclusion & Order
In light of the foregoing, the unopposed Motion is GRANTED IN PART. Plaintiff is ordered to appear for her deposition at 4311 Wilshire Blvd., Ste. 400A, Los Angeles CA 90010. Defendant is to appear for her deposition at 4311 Wilshire Blvd., Ste. 400A, Los Angeles CA 90010. Defendant is to provide the Court with a specific date and time for the deposition at the hearing on this Motion. Defendant’s request for sanctions is DENIED.
Moving party is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.