Devin Kennedy Taylor v. Mercy Housing Management Group, et al

Before the court is Defendant’s motion to compel Plaintiff’s deposition and for sanctions in the amount of $1,845. Defendant asserts that Plaintiff has “unequivocally refused to appear for her deposition” and that such refusal since August of last year prevents Defendant from conducting basic discovery.

The Code of Civil Procedure section 2025.450(a) allows a party to move to compel a deposition where the responding party fails to appear for their deposition or refuses to appear for it. Under section 2025.450(g), the court shall impose sanctions to the prevailing party which were incurred in bringing the motion absent substantial justification for the refusal to appear.

Plaintiff argues that the court should deny the motion because Defendant has engaged in misconduct including “fabricating procedural events by violating Rule 4.2 through direct communication with Plaintiff regarding an August 22, 2025 deposition” and fabricating meet and confer correspondence and serving evasive discovery. (Pltff’s Opp. p. 2.) Plaintiff further argues that the court should order terminating sanctions against Defendant for their abuse.

Plaintiff’s opposition—while replete with accusations—is light on any facts or evidence. If Plaintiff believes that discovery is “evasive” or improper, her recourse is to file a timely motion to compel. She may not rely on bare accusations to avoid her deposition. Plaintiff has failed to present any justification for her refusal to appear. Accordingly, this court grants Defendant’s motion to compel and orders that Plaintiff sit for deposition. Such deposition shall occur after May 27, 2026 and upon ten days’ notice.

Plaintiff’s refusal to appear is without substantial justification. Sanctions are therefore warranted in the amount of $1,845. The court shall, however, stay these sanctions pending compliance with this order.

All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.

The Zoom appearance information for May, 2026 is as follows: https://marin-courts-ca-gov.zoomgov.com/j/1615487764?pwd=Ob4B5J7LLKcpnkxzJjjEOSHNzEGafG.1

Meeting ID: 161 548 7764 Passcode: 502070

If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov