Zavala vs. Becker

The Court notes that Plaintiff appeared for her deposition on April 13, 2026. Thus, the motion to the extent it seeks an order compelling Plaintiff to appear within 10 days is DENIED.

As to sanctions, Plaintiff argues that no monetary sanctions should be imposed because she acted with substantial justification or other circumstances make the imposition of monetary sanctions unjust given that there was a breakdown in the relationship between her and her prior counsel through no fault of her own. However, on October 22, 2025, Plaintiff’s prior counsel appeared for her deposition and informed Defendants that he had advised Plaintiff numerous times about the deposition and received no response. (Declaration of Joanne K. Leighton, Exhibit H.) Plaintiff’s prior counsel stated again in a November 20, 2025 email to defense counsel that Plaintiff was advised of the deposition by letter, email, and text message. (Id., Exhibit J.)

Because Plaintiff failed to appear for her deposition on October 22, 2025 despite being advised numerous times of the deposition Page 11 of 36

date, the Court finds that the imposition of monetary sanctions is warranted. Thus, Defendants’ request for monetary sanctions against Plaintiff is GRANTED in the amount of $1,500.00. Sanctions to be paid within 30 days.