Motion To Compel Plaintiffs Deposition And Request For Monetary Sanctions Against Plaintiff And Their Counsel Of Record In The Amount Of $3,300
Set for Law and Motion/Discovery Calendar on Wednesday, April 08, 2026, Line 1. Defendant's motion to compel deposition and for sanctions is GRANTED IN PART.
On March 13, 2026, Defendant served a fourth notice of deposition that set Plaintiff's deposition for April 3, 2026, April 7, 2026, and April 10, 2026. The parties agreed that the deposition can be conducted remotely. (Feder Decl., pars. 11-12, Ex. G.) Plaintiff states that these deposition dates and conditions meet their medical accommodation needs and they will appear.
Defendant has been attempting to depose plaintiff since June 6, 2025. (Young Decl., par. 2.) Plaintiff has not acted with substantial justification. The issues regarding the deposition dates and proposed accommodations should have been resolved months ago and the court concludes that Plaintiff and their counsel were principally responsible for the delay and need for this motion.
The court orders Plaintiff to appear for deposition on April 3, 2026, April 7, 2026, and April 10, 2026, consistent with Defendant's fourth notice of deposition. The record does not demonstrate Plaintiff and counsel acted with substantial justification. Plaintiff L. Brown and counsel Law Offices of Daniel Feder shall pay $1,625 to Defendant as sanctions, payable no later than 20 days after notice of this order. (See Code of Civil Procedure sections 2023.010, 2023.030, 2025.450(g).)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |
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