RICHARD CAMACHO VS EMANUEL SANCHEZ ET AL

Tentative Rulings

Case Number: ****7228    Hearing Date: July 08, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants have noticed Plaintiff’s deposition on multiple occasions. Plaintiff failed to appear at his properly noticed deposition on 2/17/20 and has not responded to communications attempting to reschedule the deposition. At this time, Defendants move to compel Plaintiff’s deposition and seek to recover sanctions.

The motion to compel is granted. CCP ;2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition but did not appear. Of note, any opposition to the motion was due on or before 6/24/20. The Court has not received opposition to the motion.

The motion seeks an order compelling Plaintiff to appear for deposition on 5/22/20 at 10:00 a.m. at the Law Office of Mark R. Weiner & Associates, 655 N. Central Ave, Suite 1125, Glendale, CA 91203. The hearing on this motion was continued in light of the ongoing COVID-19 pandemic. Plaintiff is ordered to appear for deposition at a date, time, and location designated by Defense Counsel. Defense Counsel must give at least five days’ notice of the deposition (time extended per Code if notice is by other than personal service). The Court orders Defense Counsel to conduct the deposition by video since the State of California has not yet lifted social distancing and safer at home protocols.

The Court notes that the notice of deposition includes a demand for production of documents. The moving papers fail to show good cause for production of the documents sought, as required by ;2025.450(b)(1). To the extent Defendants seek an order compelling Plaintiff to produce documents, no such order is entered at this time. The Court urges the parties to work together to resolve any issues concerning documents without court intervention.

Defendants seek sanctions against Plaintiff in the amount of $433.15. Sanctions are mandatory. ;2025.450(c). The Court finds the amount reasonable and fully supported by Defense Counsel’s declaration. Plaintiff, in pro per, is ordered to pay sanctions to Defendants, by and through counsel of record, in the amount of $433.15, within twenty days.

Defendants are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative they should arrange to appear remotely.

Dated this 8^th day of July, 2020

Case Number: ****7228    Hearing Date: December 09, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

1. Motion to be Relieved as Counsel

Plaintiff’s attorney seeks to be relieved as counsel, contending there has been a breakdown of the relationship that renders further representation impossible. Counsel filed proof of service of the moving papers on Plaintiff, by personal service, on 11/01/19. 11/01/19 was fourteen court days prior to the hearing, which was originally set on 11/22/19. This is insufficient per CCP ;1005(b). The Court notes that it did continue the hearing on the motion to 12/09/19; it did not, however, continue the time for briefing on the motion, and therefore the continuance does not cure the service defect.

Additionally, Counsel did not sign the copy of the moving declaration filed with the Court.

Finally, the Court cannot locate a proof of service of the moving papers on Defendants. Because Defendants have appeared in the action, Defendants must be served with the moving papers.

The motion is denied without prejudice. Counsel is ordered to give notice.

2. Motion to Continue Trial Date

Defendants move to continue the trial date, contending Plaintiff has not cooperated with discovery, such that additional time to prepare the case for trial is necessary. The motion is granted. The 12/11/19 trial date is advanced to today’s date and continued to Tuesday, 6/23/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse. All discovery and expert cut-off dates are continued to reflect the new trial date.

Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.