This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 02:02:58 (UTC).

JORA MEHRABI VS GLADIS SANCHEZ ET AL

Case Summary

On 03/28/2018 JORA MEHRABI filed a Personal Injury - Motor Vehicle lawsuit against GLADIS SANCHEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE, MARK A. BORENSTEIN and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0007

  • Filing Date:

    03/28/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

MEHRABI JORA

Defendants, Respondents, Cross Plaintiffs and Not Classified By Court

STEPANYAN GRIGOR

DOES 1 TO 15

SANCHEZ GLADIS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SHAKHGULYAN KEN

SHAKHGULYAN KEN ESQ.

SHIRVANIAN NARBEH ESQ.

Defendant and Respondent Attorneys

PASAROW STEPHEN C. ESQ.

BORROMEO IRENE G.

PASAROW STEPHEN CHARLES ESQ.

BORROMEO IRENE GAVIOLA ESQ.

PASAROW STEPHEN C.ESQ.

Defendant and Cross Plaintiff Attorney

BORROMEO IRENE G.

 

Court Documents

Notice of Ruling

2/26/2020: Notice of Ruling

Minute Order - MINUTE ORDER (PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DEFENDANT GLADYS S...)

2/26/2020: Minute Order - MINUTE ORDER (PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DEFENDANT GLADYS S...)

Opposition - OPPOSITION TO PLTF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GLADIS SANCHEZ

2/11/2020: Opposition - OPPOSITION TO PLTF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GLADIS SANCHEZ

Reply - REPLY PLAINTIFF JORA MEHRABI'S REPLY TO DEFENDANT'S OPPOSITION TO COMPEL THE DEPOSITION OF DEFENDANT GLADIS SANCHEZ AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,500.00 AGAINST DEFEND

2/14/2020: Reply - REPLY PLAINTIFF JORA MEHRABI'S REPLY TO DEFENDANT'S OPPOSITION TO COMPEL THE DEPOSITION OF DEFENDANT GLADIS SANCHEZ AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,500.00 AGAINST DEFEND

Motion to Compel - MOTION TO COMPEL PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GLADIS SANCHEZ PURSUANT TO C.C.P. &2025.450; REQUESTY FOR MONETARY SANCTIONS IN THE AM

1/22/2020: Motion to Compel - MOTION TO COMPEL PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GLADIS SANCHEZ PURSUANT TO C.C.P. &2025.450; REQUESTY FOR MONETARY SANCTIONS IN THE AM

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION (UNOPPOSED) EX-PARTE APPLICAT...)

2/10/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION (UNOPPOSED) EX-PARTE APPLICAT...)

Notice - NOTICE OF ASSOCIATION OF COUNSEL

10/7/2019: Notice - NOTICE OF ASSOCIATION OF COUNSEL

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (FINAL STATUS CONFERENCE) OF 09/11/2019

9/11/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (FINAL STATUS CONFERENCE) OF 09/11/2019

Stipulation and Order - STIPULATION AND ORDER TO CONTINUETRIAL, FSC

9/11/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUETRIAL, FSC

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

9/11/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Answer - the cross complaint of Grigor Stepanyan

10/4/2018: Answer - the cross complaint of Grigor Stepanyan

CROSS-COMPLAINT FOR INDEMNITY; COMPARATIVE CONTRIBLITION AND DECLARATORY RELIEF

8/29/2018: CROSS-COMPLAINT FOR INDEMNITY; COMPARATIVE CONTRIBLITION AND DECLARATORY RELIEF

PROOF OF SERVICE OF SUMMONS

5/17/2018: PROOF OF SERVICE OF SUMMONS

DEFENDANT'S NOTICE OF POSTING JURY FEES

6/21/2018: DEFENDANT'S NOTICE OF POSTING JURY FEES

DEFENDANT'S DEMAND FOR JURY

6/21/2018: DEFENDANT'S DEMAND FOR JURY

PROOF OF SERVICE SUMMONS -

5/17/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

3/28/2018: SUMMONS -

ERROR

3/28/2018: ERROR

18 More Documents Available

 

Docket Entries

  • 08/18/2021
  • Hearing08/18/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/04/2021
  • Hearing08/04/2021 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 10/23/2020
  • Docketat 10:30 AM in Department 29, Kristin S. Escalante, Presiding; Trial Setting Conference - Held

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  • 10/23/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 06/09/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 05/21/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/22/2020
  • Docketat 10:54 AM in Department 29, Kristin S. Escalante, Presiding; Court Order

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  • 04/22/2020
  • DocketCertificate of Mailing for ((Court Order Re: Covid-19) of 04/22/2020); Filed by Clerk

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  • 04/22/2020
  • DocketMinute Order ( (Court Order Re: Covid-19)); Filed by Clerk

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33 More Docket Entries
  • 06/21/2018
  • DocketDEFENDANT'S NOTICE OF POSTING JURY FEES

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  • 06/21/2018
  • DocketCIVIL DEPOSIT

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  • 05/17/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/17/2018
  • DocketProof-Service/Summons; Filed by Jora Mehrabi (Plaintiff)

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  • 05/17/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 05/17/2018
  • DocketProof-Service/Summons

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  • 03/28/2018
  • DocketCOMPLAINT FOR DAMAGES: 1. MOTOR VEHICLE

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  • 03/28/2018
  • DocketComplaint; Filed by Jora Mehrabi (Plaintiff)

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  • 03/28/2018
  • DocketERROR

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  • 03/28/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC700007    Hearing Date: February 26, 2020    Dept: 28

Motion: Motion to Compel Deposition of Defendant 

Opposed: Yes

Proposed Ruling: Deny the motion.

Special Issues: None

Law Clerk: Ashley Scott, ext. 0487

Motion to Compel Deposition

Having considered the moving, opposing, and reply papers, the Court rules as follows.

BACKGROUND

On March 28, 2018, Plaintiff Jora Mehrabi (“Plaintiff”) filed a complaint against Defendants Gladis Sanchez and Grigor Stepanyan alleging motor vehicle and general negligence based on an accident that occurred on February 17, 2017.

On August 29, 2018, Grigor Stepanyan filed a cross-complaint against Gladis Sanchez for indemnity, contribution, and declaratory relief.

On January 22, 2020, Plaintiff filed the instant motion to compel Defendant Gladis Sanchez’s (“Defendant”) deposition and for monetary sanctions pursuant to CCP §§ 2023.030 and 2025.450.

Trial is set for June 9, 2020.

PARTIES REQUESTS

Plaintiff asks the Court to compel Defendant’s deposition because Defendant has failed to appear for her noticed deposition four times. 

Plaintiff also asks the Court to impose $1,500.00 in monetary sanctions against Defendant and her counsel of record for abusing the discovery process.

LEGAL STANDARD

California Code of Civil Procedure section¿2025.450, subdivision (a) provides:¿“If, after service of a deposition notice, a party to the action . . . , 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 . . . 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 . . . described in the deposition notice.”¿

California Code of Civil Procedure section¿2025.450, subdivision (b) provides:¿“A motion under subdivision (a) shall comply with both of the following:¿

  1. The motion shall 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.¿

  1. 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.”¿

California Code of Civil Procedure section¿2025.450, subdivision¿(c) provides, “(1) If a motion under subdivision (a) is granted, the court shall impose a monetary sanction . . . in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”¿

Under California Code of Civil Procedure section 2023.030,¿subd. (a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . .¿If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the¿sanction unjust.”¿¿Failing to respond¿or to submit to an authorized method of discovery is a misuse of the discovery process.¿ (Code of Civ. Proc. § 2023.010,¿subd. (d).)¿

California Rules of Court, rule 3.1348, subdivision (a) states: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery,¿even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”¿

DISCUSSION

On¿December 27, 2019,¿Plaintiff served¿a¿notice of taking¿the¿deposition of Defendant¿by U.S. mail setting the deposition date for January 13, 2020.¿ (Shirvanian Decl., ¶¿6,¿Exh. A [fourth deposition notice].)¿ Defendant objected to the deposition, but counsel did not accept to receive service electronically, and only saw the objection on Saturday the weekend before the Monday deposition date.  (Id. at ¶ 11-12, Exh. C.)  A Certificate of Non-Appearance was obtained at the deposition.  (Id. at ¶ 7.)

Defendant argues that Plaintiff misrepresents that Defendant failed to appear four times, because Plaintiff only noticed one of the depositions.  The Court agrees.  Further, Defendant represents that there was a delay in Defendant’s receipt of the deposition notice due to the holiday season, thus his objection was served by mail and e-mail on January 9, 2020.  (Zadoorian Decl., ¶ 10, Exh. G.)  This is a timely objection as it was served four calendar days prior to the deposition date.  The objection stated that the deposition was unilaterally set and neither counsel nor Defendant were available on that date.  (Ibid.)  Defense counsel provided alternative dates for the deposition on January 15, 2020.  (Id. at ¶ 12, Exh. I.)  This effort was ignored by Plaintiff’s counsel and this motion was filed a few days later.  (Id. at ¶¶ 13-14, Exh. J.

The Court finds the motion must be denied.¿ Plaintiff has not sufficiently met and conferred with Defendant.  There is no declaration stating that Plaintiff conferred with Defendant to inquire about the non-appearance or after receipt of the objection.  Plaintiff appears to rely on meet and confer efforts prior to the missed deposition, however the Court finds this insufficient as required by CCP § 2025.450(b)(2).  Further, Defendant offers evidence that her counsel proposed alternative dates for the deposition on January 15, 2020, which Plaintiff’s did not respond to.  The motion was filed on January 22, 2020 without meeting and conferring.  

CONCLUSION

The motion¿is¿DENIED.

The parties are ordered to meet and confer regarding a mutually agreeable deposition date.¿

Plaintiff¿is¿ordered to give notice of this ruling.¿