If they will agree to an extension of the deposition then generally it would be best to postpone it until after the hearing; however, if they will not agree, then one would need to motion the court.
Please see L.A.'s "rules of civility" which states:
(4) Counsel should not attempt to delay a deposition for dilatory purposes but only if necessary to meet real scheduling problems
So generally a deposition continuance will not be granted unless there is a justifiable reason for the inability to attend.
If the continuance is not consented to or ordered by the court, attendance is mandatory as failure to appear can result in sanctions or a contempt citation.
Attorney fees in CA are awarded in 3 scenarios:
1. as a sanction (ie a party brings a frivolous suit)
2. to the prevailing party
3. in divorce cases, when one party is better able to afford legal fees, and it is awarded tho the lower earning party, to equalize the parties.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars *****
as I strive to provide my customers with great service.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.