Motion to Compel Deposition
34-2021-00311585-CU-BC-GDS: Madrone Homeowners Association vs. Stephanie Stapleton 10/29/2024 Hearing on Motion to Compel Deposition in Department 54
Tentative Ruling
Defendant and Cross-Complainant Stephanie Stapletons (Stapleton) motion to compel the deposition of (1) Ellen Riley, and (2) the Person Most Knowledgeable of Pacific West Contractors of Nevada, LLC (PWC) is UNOPPOSED and is GRANTED as follows.
On December 1, 2023, PWC filed a motion to quash service of summons and service of crosscomplainants Stapleton and John Duartes (collectively, Cross-Complainants) First Amended Cross-Complaint (FACC) for lack of personal jurisdiction. After briefing by all parties, on April 24, 2024, this Court continued PWC's motion to allow for limited jurisdictional discovery. The motion was originally continued to September 26, 2024, and then continued by ex parte application to December 17, 2024.
In the Courts April 24, 2024, order regarding the request to conduct jurisdictional discovery, the Court stated:
Cross-Complainants request leave to conduct jurisdictional discovery before the Court rules on PWCs motion. However, the Court notes that Cross-Complainants failed to identify specific areas of inquiry they would pursue, describe the sought- for discovery in vague terms, and do not state what specific facts they would seek to develop. (Preciado v. Freightliner Custom Chassis Corp. (2023) 87 CA5th 964, 972-974.) Nevertheless, the Court, in its discretion, will grant Cross- Complainants request. Discovery shall be limited to the issue of PWCs specific contacts with California through MAH and the other Pacific West Companies named in the FACC and the Settlement Agreement.
(Minute Order, 04/24/2024.)
The Pacific West Companies identified in the Settlement Agreement are Pacific West Builders, Inc.; Nevada Pacific West Builders, Inc.; Madrone Attached Homes, LP; Madrone Associates, LLC; Ownercare of California, LP; Ownercare of California, LLC; Ownercare Associates, LLC; Ownercare of Nevada, Inc.; and Ownercare of Nevada, LLC. The Pacific Companies named in the FACC are Madrone Attached Homes, LP, and PWC LLC.
On July 1, 2024, Stapleton served a Notice of Deposition for PWCs PMK and Request for Production of Documents (the PMK Notice). (Declaration of Michael Laino (Laino Decl.) Ex. B.) The PMK Notice identified 25 categories of testimony and 44 categories of documents for production. PWC filed objections on July 12, 2024. (Laino Decl. Ex. E.)
On July 3, 2024, Stapleton served a Notice of Deposition of Ellen Riley (the Riley Notice). (Laino Decl. Ex. C.) Ms. Riley submitted a declaration in support of PWCs motion to quash
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34-2021-00311585-CU-BC-GDS: Madrone Homeowners Association vs. Stephanie Stapleton 10/29/2024 Hearing on Motion to Compel Deposition in Department 54
service of summons and service of the FACC, and is PWCs head of legal compliance. (Laino Decl. Ex. D.) PWC filed objections on July 12, 2024. (Laino Decl. Ex. E.)
PWC has refused to produce witnesses for deposition or provide available deposition dates. (Laino Ex., ¶ 17.)
On October 9, 2024, the Court denied PWCs motion for protective order and motion to quash these depositions.
Stapleton requests that the Court order Ms. Rileys deposition to occur on November 19, 2024, and PWCs PMK deposition to occur on November 20, 2024, and to produce the documents requested in the deposition notices by November 15, 2024.
PWC fails to oppose the motion, which the Court construes as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion it is assumed that [nonmoving party] concedes that ground].)
The motion is GRANTED. PWC shall produce Ms. Riley for deposition on November 19, 2024, and its PMK for deposition on November 20, 2024, and produce the documents requested in the deposition notices by November 15, 2024.
Stapletons request for monetary sanctions pursuant to Code of Civil Procedure section 2025.450(g)(1) against PWC and its counsel Michael E. Vinding of Brady & Vinding in the amount of $2,870 for attorneys fees is DENIED. While Stapleton's counsel provides a total amount of attorneys fees incurred, he does not provide his hourly rate or hours expended. The Court, however, will GRANT sanctions of $60 for the filing fee for the motion since the Court finds that PWC did not act with substantial justification and no circumstances make the imposition of sanctions unjust. (Code Civ. Proc. §2025.450(g)(1).) Sanctions shall be paid by no later than November 19, 2024. If not paid by that date, Stapleton may prepare for the Court's signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2021-00311585-CU-BC-GDS: Madrone Homeowners Association vs. Stephanie Stapleton 10/29/2024 Hearing on Motion to Compel Deposition in Department 54
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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