Pending - Other Pending
Personal Injury - Other Personal Injury
MICHAEL E. WHITAKER
CITY OF WEST COVINA A PUBLIC ENTITY
ZUCKERMAN PAUL S.
11/9/2021: Notice of Case Assignment - Unlimited Civil Case
11/9/2021: Civil Case Cover Sheet
11/9/2021: Summons - SUMMONS ON COMPLAINT
12/2/2021: Notice of Change of Firm Name
11/30/2021: PI General Order
11/30/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES
11/17/2021: Proof of Personal Service
12/10/2021: Demand for Jury Trial
2/17/2022: Motion to Compel - MOTION TO COMPEL DEPOSITION OF EMPLOYEES(S) AND/OR PERSON(S) MOST QUALIFIED FOR DEFENDANT AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR $3,131.65 IN ATTORNEYS FEES, COSTS AN
5/24/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DEFENDANT'S DEPOSITION)
Hearing11/05/2024 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: DismissalRead MoreRead Less
Hearing05/09/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
Hearing04/25/2023 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
Hearing07/01/2022 at 1:30 PM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Defendant's DepositionRead MoreRead Less
Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Compel (Defendant's Deposition) - Held - ContinuedRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Compel Defendant's Deposition)); Filed by ClerkRead MoreRead Less
DocketMotion to Compel (Deposition of Employees(s) and/or Person(s) most Qualified for Defendant and Request for Production of Documents; Request for $3,131.65 in Attorneys Fees, Costs and Monetary Sanctions against Defendant and Defendant's Counsel); Filed by BEVERLY WILLIAMS (Plaintiff)Read MoreRead Less
Docketat 1:30 PM in Department 32; Hearing on Demurrer - without Motion to Strike - Not Held - Taken Off Calendar by PartyRead MoreRead Less
DocketAnswer; Filed by CITY OF WEST COVINA, a public entity (Defendant)Read MoreRead Less
DocketDemand for Jury Trial; Filed by CITY OF WEST COVINA, a public entity (Defendant)Read MoreRead Less
DocketNotice of Change of Firm Name; Filed by BEVERLY WILLIAMS (Plaintiff)Read MoreRead Less
DocketPI General Order; Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by ClerkRead MoreRead Less
DocketProof of Personal Service; Filed by BEVERLY WILLIAMS (Plaintiff)Read MoreRead Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by ClerkRead MoreRead Less
DocketSummons (on Complaint); Filed by BEVERLY WILLIAMS (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by BEVERLY WILLIAMS (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by BEVERLY WILLIAMS (Plaintiff)Read MoreRead Less
Case Number: *******1217 Hearing Date: May 24, 2022 Dept: 32
PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at firstname.lastname@example.org indicating that party’s intention to submit. The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged). Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court.
May 24, 2022
Motion to Compel Attendance at Deposition; Request for Monetary Sanctions
Plaintiff Beverly Williams
Plaintiff Beverly Williams sued Defendant City of West Covina based on a trip and fall on property owned and controlled by Defendant. Plaintiff moves to compel the appearance of Defendant’s person most knowledgeable (“Deponent”) for deposition. Plaintiff requests monetary sanctions. Defendant has not filed an opposition to the motion.
Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent’s attendance and testimony. (Code Civ. Proc., 2025.450, subd. (a).)
Here, Plaintiff served the subject deposition notice on Defendant on December 28, 2021. Defendant noticed Deponent’s deposition for February 1, 2022. Deponent failed to appear for deposition on that date. As of the filing date of the motion, Deponent has not appeared for deposition.
Plaintiff seeks monetary sanctions in connection with the motion. The Court finds Defendant’s failure to produce Deponent for deposition to be an abuse of the discovery process, warranting monetary sanctions. (See Code Civ. Proc., 2023.010, subd. (d), 2025.450, subd. (g)(1).) Thus, the Court will impose monetary sanctions against Defendant and Defendant’s counsel of record, Wesierski & Zurek, LLP, in the amount of $1,325, which represents three hours of attorney time to prepare the motion and attend the hearing at $250 per hour, plus the motion filing fee of $60 and $515 in costs incurred in connection with the February 1, 2022 deposition.
CONCLUSION AND ORDER
Therefore, the Court grants Plaintiff’s motion to compel Deponent’s deposition per Code of Civil Procedure section 2025.450, and orders Defendant to produce Deponent for deposition within 30 days of notice of the Court’s ruling, unless Plaintiff stipulates otherwise.
Further, the Court orders Defendant and Defendant’s counsel of record, Wesierski & Zurek, LL, jointly and severally, to pay monetary sanctions in the amount of $1,325, to Plaintiff by and through counsel for Plaintiff, within 30 days of notice of the Court’s orders.
Plaintiff shall provide notice of the Court’s orders and file a proof of service of such.
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