Defendants Emiliano De Leon and Aurora De Leon’s Motion to Compel the Deposition of Plaintiff Jose Jesus Mendez is GRANTED. Plaintiff is ordered pay Defendants’ counsel monetary sanctions in the sum of $1,046.50.
Defendant filed the instant motion to Compel Plaintiff to attend noticed deposition. Service of a proper deposition notice “is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify...” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the deponent’s attendance and testimony. (CCP §2025.450(a).)
Defendants allege that on June 21, 2017, a Notice of Taking Deposition was served on Plaintiff, scheduling his deposition for July 11, 2017 at 10:00 a.m. (Motion, Germany Decl. ¶3, Exh.
Hearing Date
August 24, 2017
Type
Other PI/PD/WD (General Jurisdiction)
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Defendants Emiliano De Leon and Aurora De Leon’s Motion to Compel the Deposition of Plaintiff Jose Jesus Mendez is GRANTED. Plaintiff is ordered pay Defendants’ counsel monetary sanctions in the sum of $1,046.50.
Defendant filed the instant motion to Compel Plaintiff to attend noticed deposition. Service of a proper deposition notice “is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify...” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the deponent’s attendance and testimony. (CCP §2025.450(a).)
Defendants allege that on June 21, 2017, a Notice of Taking Deposition was served on Plaintiff, scheduling his deposition for July 11, 2017 at 10:00 a.m. (Motion, Germany Decl. ¶3, Exh.