Plaintiffs' Notice Of Motion And Motion To Compel Depositions Of ...

1234567891011121314151617181920VI.PLAINTIFFS ARE ENTITLED TO SANCTIONSFOR HAVING TO BRING THIS MOTION TO COMPELA court granting a motion to compel must also impose a monetary sanction under CaliforniaCode of Civil Procedure Section 2023.010 against the deponent, or the party with whom he or she isaffiliated, unless the Court finds the party opposing the motion did so with substantial justification. Inthe present case, the City of Oxnard did not have substantial justification for refusing to produce the twoofficers whose conduct was directly responsible for the wrongful death at issue in this action.Accordingly, the imposition of sanctions is appropriate. Plaintiffs herein seek $4,618.80 in sanctionsagainst the City of Oxnard. Hiepler Decl., 18; Tron Decl., 14.VII.CONCLUSIONFor the good of the public – the safety of the public -- the entire truth about this horrific incidentmust be exposed. This Court must not allow public entities, unions, cities, and/or police officers toescape full disclosure via the deposition testimony sought by this Motion. It is well-established publicpolicy of the State of California that litigants be liberally afforded discovery to the end that justice bedispensed fairly and speedily. Pacific Tel. & Tel. Co. v. Superior Court (1970) 2 Cal.3d 161, 171-173.“For here we are not afraid to follow truth, wherever it may lead.” Thomas Jefferson’s wise words areespecially applicable to the case at bar. We must learn the truth, the sworn truth, about the tragic deathof Cindy Conolly. Only then will the ends of justice be truly served.2122232425262728DATED: May 7, 2007HIEPLER & HIEPLERA Professional PartnershipBy: __________________________MARK O. HIEPLERTERRY L. TRONAttorneys for Plaintiffs______________________________________________________________________________15Plaintiffs’ Notice Of Motion And Motion To Compel Depositions Of Defendant City Of Oxnard EmployeesOfficer Frank Brisslinger And Officer Martin Polo; Memorandum Of Points And Authorities;Request For $4,618.80 in Sanctions