Poe

Plaintiff Richard Poe appeals from order directing him to pay $500 to Howard Silber, defendant’s attorney, for plaintiff’s failure to attend and proceed with the taking of Silber’s deposition on the date noticed by plaintiff.

Factual and Procedural Background

On March 5, 1986, defendant moved to set aside her default and the default judgment entered against her in plaintiffs unlawful detainer action. The motion was supported by Silber’s declaration setting forth facts purportedly showing that the default was taken by reason of mistake, inadvertence and excusable neglect on the part of defendant and her attorney, declarant Silber. Plaintiff concluded that it was necessary to obtain Silber’s testimony in order to prepare plaintiffs response to the motion. Accordingly, on March 18, 1986, plaintiff served Silber with notice of the taking of his deposition and notice to produce documents, together with a subpoena and subpoena duces tecum commanding him to appear for the taking of his deposition and produce the required documents. Plaintiff mistakenly believed the notice as well as the subpoenas fixed the date of April 2, 1986, for the taking of the deposition; in fact, the…