HENRY G. RODAS, ET AL. VS MIGUEL GARCIA-SANCHEZ

Tentative Rulings

Case Number: 18STLC10565    Hearing Date: February 02, 2021    Dept: 26

Rodas, et al. v. Garcia-Sanchez, et al.

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Miguel Garcia-Sanchez’s Motion to Compel Plaintiffs’ Deposition and Request for Sanctions is CONTINUED TO MARCH 30, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiffs Cynthia L. Suarez, Silvia K. Ceballos, Kenny Rodas, Siddy Rodas (“Plaintiff”), and Lexxie Rodas (“Minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Miguel Garcia-Sanchez (“Defendant”) on August 13, 2018. Defendant filed the instant Motion to Compel Plaintiffs’ Attendance at Deposition on December 30, 2020. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

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, electronically stored information, 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, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

The motion is accompanied by a meet and confer declaration demonstrating that defense counsel reached out to Plaintiffs’ counsel to resolve this discovery dispute following Plaintiffs’ failure to appear for their properly noticed depositions on July 13, 2020. (Motion, Gillard Decl., ¶¶2-3 and Exh. A.) However, the Court notes that Defendant brings the instant Motion with respect to four separate Plaintiffs, instead of separately moving as to each party as contemplated by the statute. Also, filing the motions as a single motion negatively impacts the court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Finally, it allows the moving party to avoid paying the requisite filing fees. Statutorily required filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Defendant’s motion, therefore, cannot be heard in full until three additional filing fees are paid.

The Motion is also defective because it fails to “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” as required by Code of Civil Procedure section 2025.450, subdivision (b). Broadly stating that the deposition are necessary to “ascertain the nature and extent of Plaintiffs’ claims of negligence and damages” is not sufficiently specific to address the document demands attached to the deposition notices. (See Motion, p. 4:4-6.)

In light of Defendant’s failure to comply with the mandatory requirements for relief under Code of Civil Procedure section 2025.450, the Motion to Compel Plaintiffs’ Deposition and Request for Sanctions is CONTINUED TO MARCH 30, 2021 AT 10:30  AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE DEFENDANT IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED. ANY OPPOSITION AND REPLY PAPERS ARE TO BE FILED PER THE CODE OF CIVIL PROCEDURE.

Moving party to give notice.