$ATVK Case Number: *******5991 Hearing Date: September 5, 2023 Dept: 26 Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux timely noticed the deposition of Defendant/Cross-Defendant Ameritek Ventures, Inc.’s person most knowledgeable. (Meehan Decl. 2, Exh. 1.) Defendant/Cross-Defendant Ameritek Ventures, Inc.’s person most knowledgeable – Shaun Passley – appeared at the deposition but failed to produce documents or provide objections to the document request beforehand or at the hearing. (Meehan Decl. 3.) The parties discussed continuing the deposition such that all requested documents could be produced, but no agreement was made. (Meehan Decl. 4-10.) In opposition, Defendant/Cross-Defendant Ameritek Ventures, Inc. requests that the deposition be taken remotely due to the international traveling of its person most knowledgeable, Shaun Passley. Notably, Ameritek served its opposition by mail only and not electronically even though it filed its opposition less than one week prior to the hearing date. On the merits, Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux articulate sound reasons to require an in person deposition, namely, the technical and audio problems with the prior attempt at a remote deposition for this same witness, and also the need for the witness to have the exhibits in front of the deponent during the deposition. As Defendant Ameritek Ventures, Inc. failed to comply with the deposition notice by failing to produce the requested documents without making valid objections, Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux’s motion to compel the deposition of Defendant/Cross-Defendant Ameritek Ventures, Inc.’s person most knowledgeable is GRANTED. (CCP 2025.450(a).) Defendant/Cross-Defendant Ameritek Ventures, Inc. is ordered to produce its person most knowledgeable for deposition to be conducted and produce the noticed documents with twenty-four (24) days of notice of this order at a date, time, and location noticed by Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux. If a motion to compel deposition “is granted, the court shall impose a monetary sanction . . . in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP 2025.450(c), [ italics added].) Thus, sanctions are mandatory unless circumstances make the imposition of sanctions unjust. Defendant/Cross-Defendant Ameritek Ventures, Inc. and its attorney of record, jointly and severally, are ordered to pay sanctions to Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux, by and through counsel of record, in the amount of $500.00, within 30 days of notice of this order. Moving party to give notice. As noted in the three respective and near identical moving papers, Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux timely noticed the depositions of Kalysha Chandler, Jason Carter, and Amy Parker – employees of Cross-Defendant Colonial Stock Transfer Company, Inc. – for July 31, 2023, but they each failed to timely appear. (Meehan Decl. 2-5.) Moreover, Cross-Defendant Colonial Stock Transfer Company, Inc. failed to provide alternative dates for the depositions. (Meehan Dec. 6-11.) As there is no valid objection to the respective notices of the deposition, and Kalysha Chandler, Jason Carter, and Amy Parker have each failed to appear at a noticed deposition, Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux’s motions to compel the deposition of Cross-Defendant Colonial Stock Transfer Company, Inc.’s employees Kalysha Chandler, Jason Carter, and Amy Parker are GRANTED. (CCP 2025.450(a).) Cross-Defendant Colonial Stock Transfer Company, Inc. is ordered to produce Kalysha Chandler, Jason Carter, and Amy Parker for depositions and produce the noticed documents with twenty-four (24) days of notice of this order at a date, time, and location noticed by Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux. If a motion to compel deposition “is granted, the court shall impose a monetary sanction . . . in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP 2025.450(c), [ italics added].) Thus, sanctions are mandatory unless circumstances make the imposition of sanctions unjust. Here, the requested sanctions are slightly excessive given the simplicity of the instant motion and due to Defendants/Cross-complainants Clinton Stokes, Kenneth Mayeaux, and Jamie Mayeaux’s failure to file these motions with at least statutory notice before the discovery motion cut-off. Accordingly, given the totality of the circumstances the Court finds sanctions of $800.00 are warranted. Moving party to give notice.
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