Motion Types Legal Issues

What is a Motion for Order Compelling Deposition?

“If, after service of a deposition notice, a party to the action... fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document or tangible thing described in the deposition notice.” Code of Civ. Proc., § 2025.450(a).

The Legislature’s use of the word “or” reflects it intended to establish three disjunctive categories of conduct with corresponding remedies. Eddie E. v. Super. Ct. (2015) 234 Cal.App.4th 319, 327. If a deponent fails to appear or appears and refuses to proceed, a court may compel the deponent’s attendance and testimony. Code Civ. Proc., § 2025.450(a). If a deponent fails to produce documents, production may be compelled as a remedy. Code Civ. Proc., § 2025.450(a).

The motion for order compelling deposition “shall set forth specific facts showing good cause justifying the production for inspection of any document or tangible thing described in the deposition notice.” Code of Civ. Proc., § 2025.450(b)(1). The motion must also be accompanied by a meet and confer declaration and a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance at the deposition. Code of Civ. Proc., § 2025.450(b)(2); Leko v. Cornerstone Building Inspection Service (2001) 86 Cal.App.4th 1109, 1124; Paragon Real Estate Group of San Francisco, Inc. v. Hansen (2009) 178 Cal.App.4th 177, 184. The California Rules of Court do not require the moving party to file a separate statement in connection with the distinct motion under Code of Civil Procedure section 2025.450 to compel the deponent to appear for examination. Rules of Court, rule 3.1345(a).

A party may also move to compel a deponent to answer a question posed at a deposition when the deponent appeared but objected or did not properly respond to a question. Code of Civ. Proc., § 2025.480. Such a motion must be accompanied by a separate statement. Rules of Court, rule 3.1345(a); Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 318–19. It must be made within 60 days after the completion of the record of deposition, and it must be accompanied be a meet and confer declaration. Code of Civ. Proc., § 2025.480(b). Additionally, “[n]ot less than five days prior to the hearing on this motion, the moving party shall lodge with the court a certified copy of any parts of the stenographic transcript of the deposition that are relevant to the motion. If a deposition is recorded by audio or video technology, the moving party is required to lodge a certified copy of a transcript of any parts of the deposition that are relevant to the motion.” Code of Civ. Proc., § 2025.480(h).

Most Useful Motion for Order Compelling Deposition Examples

Recent Examples of Motion for Order Compelling Deposition

1-25 of 500 results

LOUIS METOYER VS MARJORIE ANNE GUZMAN, ET AL.

Louis Metoyer v. Marjorie Anne Guzman, et al. MOTION TO COMPEL DEPOSITION OF LOUIS METOYER MOVING PARTY: Defendant Marjorie Anne Guzman RESPONDING PARTY(S): Plaintiff Louis Metoyer STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a personal injury case arising fr...

...Plaintiff’s deposition. TENTATIVE RULING: Defendant Marjorie Anne Guzman’s motion to compel the deposition of Louis Metoyer is GRANTED. The deposition is to take place within 14 days of the date of this order. Plaintiffs’ request for sanctions is GRANTED in the amount of $1,055.00 against both Plaintiff Louis Metoyer and his counsel, the Law Offices of Jacob Emrani, jointly and severally. Sanctions to be ...

  • Hearing

    Feb 21, 2020

KENNETH COON VS HARD ROCK CAFE INTERNATIONAL INC ET AL

...HARD ROCK CAFÉ INTERNATIONAL, INC., et al., Defendants. Case No.: BC649241 Hearing Date: February 21, 2020 [TENTATIVE] order RE: motion to compel third party witness, carlos rivas, to appear for his deposition BACKGROUND A. Allegations Plaintiff Kenneth Coon (“Plaintiff”) commenced this action for negligence against various defendants on February 2, 2017. Plaintiff alleges he was on Universal City Walk n...

...appear for his deposition. The Court is not in receipt of an opposition brief. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders....

  • Hearing

    Feb 21, 2020

KEVIN BAYES VS COUNTY OF LOS ANGELES, ET AL.

[TENTATIVE] ORDER RE: MOTION TO COMPEL PRODUCTION OF PLAINTIFF’S RECORDS FROM HEART TO HEART HEALTH CARE INC. On November 14, 2018, plaintiff Kevin Bayes (“Plaintiff”) filed this action against defendant County of Los...

...Deponent has not responded to defense counsel’s efforts to meet and confer. No opposition was filed to this motion to compel documents from Deponent. A “written notice and all moving papers supporting a motion . . . to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or ...

  • Hearing

    Feb 21, 2020

SILVIA GUTIERREZ VS ADIDAS AMERICA INC

[TENTATIVE] ORDER RE: MOTION TO COMPEL COMPLIANCE WITH SUBPOENA; MOTION TO CONTINUE TRIAL On November 26, 2015, plaintiff Silvia Gutierrez (“Plaintiff”) was allegedly struck by a mannequin in one of Defendant’s stores...

...received no responsive documents. Accordingly, Defendant filed this motion to compel compliance with the subpoena. No opposition was filed in opposition. A “written notice and all moving papers supporting a motion . . . to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or ...

  • Hearing

    Feb 21, 2020

CARRIEN QIAN HE, AN INDIVIDUAL VS JAY MIN CHEN, AN INDIVIDUAL, ET AL.

...(19PSCV00181) ______________________________________________________________________________ MOTION TO BE RELIEVED AS COUNSEL Responding Party: None Tentative Ruling The motion to be relieved as counsel is GRANTED, conditional upon Counsel filing a proposed order (Form MC-053). Background On August 20, 2019, Plaintiffs Yiming Chen, Helen Liu, Yan Yan, Peiyu Chen, Dingzhi Chen, and Phoebe Noor (collectively, “Plaintiffs”) filed a complaint against Defendants ...

... motion is governed by California Rules of Court, Rule 3.1362. The motion must be made using mandatory forms: Notice and Motion to be Relieved as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053). The forms must be filed and served in compliance with the procedural standards set forth in California Rules of Court, Rule 3.1362. Discussion Here, attorney Loren Nizinski, Esq. (“Counsel...

  • Hearing

    Feb 21, 2020

ARSHA CORPORATION, A CALIFORNIA CORPORATION VS CEDARWOOD CAPITAL PARTNERS LA CIENGA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

...INTERROGATORIES, REQUESTS FOR ADMISSION, REQUESTS FOR PRODUCTION, DEPOSITION; SANCTIONS (CCP §§ 2030.290, 2031.300, 2033.380, 2025.450) TENTATIVE RULING: Plaintiff Arsha Corporation’s Motion For Order Compelling Defendant Cedarwood Capital Partners La Cienega, LLC To Respond to Form Interrogatories, Set One and Request for Sanctions is DENIED. THE HEARING ON THE REMAINING REQUESTS IN THE MOTION TO COMPEL RESP...

...PLAINTIFF IS TO PAY THREE (3) ADDITIONAL MOTION FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR. Plaintiff Arsha Corporation’s Motion For Order Compelling Defendant Cedarwood Capital Partners La Cienega, LLC’s Deposition and Request for Sanctions is DENIED. ANALYSIS: Plaintiff Arsha Corporation (“Plaintiff”) filed the instant action for breach of cont...

  • Hearing

    Feb 20, 2020

JAMES LEWALLEN, ET AL. VS DOES 1-100

James Lewallen, et al. v. Does 1 through 100 PLAINTIFFS’ MOTION TO COMPEL DEPOSITION OF THIRD-PARTY WITNESS AXIALL CORPORATION AS SUCCESSOR-IN-INTEREST TO SPECTRA-TONE PAINT AND PRODUCTION OF RECORDS; REQUEST FOR MONETARY SANCTIONS OF $2510.00 AGAINST AXIALL CORPORATION AND ITS COUNSE...

...various capacities, was exposed to toxic chemical products manufactured, distributed, or supplied by the Defendants and sustained injuries as a result, including lung cancer. Plaintiffs move to compel the deposition of third party Axiall Corporation and its production of documents and requests sanctions. TENTATIVE RULING: Plaintiffs James Michael Lewallen and Carole Lewallen’s motion to compel the deposition of...

  • Hearing

    Feb 20, 2020

HENRY POE VS PIONEER MEDICAL GROUP INC ET AL

...ROSALES #8 TENTATIVE ORDER Defendants’ Motion to Compel the Deposition of Plaintiff HENRY POE is GRANTED. CCP § 2025.450. Moving Party to give Notice. Plaintiff HENRY POE is ORDERED to appear for a deposition, without objection. The parties shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days from the date of the Court’s issuance o...

...agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under §2025.410, fails to appear for examination…the party giving the notice may move for an order compelling the deponent’s atten...

  • Hearing

    Feb 20, 2020

WIBERG V. JOHNSON

...calling the Court and Counsel. ORDER GRANTING MOTION OF PLAINTIFFS TO DEEM REQUESTS FOR ADMISSIONS TO BE ADMITTED; COMPELLING DEFENDANTS TO RESPOND TO WRITTEN INTERROGATORIES, DOCUMENT PRODUCTION AND ORDERING GARY JOHNSON AND CONNIE BLUCK TO APPEAR FOR DEPOSITION I. Statement of Facts. Plaintiff filed this complaint on 26 April 2019.19 This is an action for breach of contract; breach of fiduciary dut...

...notice upon defendant Gary Johnson, setting the deposition for 9:30 AM on 11 October 2019. Defendant Johnson did not object to the deposition notice, did not file any objection nor did he seek a protective order. Communication with Mr. Dahliwal, an attorney representing Mr. Johnson, was without effect. On 31 August 2019, plaintiffs personally served a subpoena on nonparty Connie Bluck, HoD’s registered agent...

  • Hearing

    Feb 20, 2020

SONNENBERG V. PINCHES

...did not file an opposition. For the following reasons, Defendant’s motion is granted. Defendant has noticed Plaintiff’s deposition twice and has otherwise attempted several times to schedule Plaintiff’s deposition. See Su Decl. ¶¶ 2, 4, 6 & Exs. A, D, G, H & I. On June 12, 2019, Plaintiff served an objection to Defendant’s second deposition notice. Id. Ex. F. Plaintiff objected to the noticed date and stated th...

...appeared for deposition. Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. Cal. Civ. Proc. Code § 2025.010. The service of a deposition notice is effective to require any deponent who is a party to the action to attend and to testify. Id. § 2025.280(a). If, after service of a deposition notice, a party to the action, without having se...

  • Hearing

    Feb 20, 2020

MAURO GASPAR CAMPOS ET AL VS LONG BEACH MEMORIAL CENTER ET A

...that Defendant upon instruction by his counsel did not answer. On January 17, 2020, Plaintiffs filed this motion seeking to compel Defendant to answer certain questions that refused to answer at his deposition along with reasonable follow-up questions. Plaintiffs also seek $7,831.20 in monetary sanctions. On February 5, 2020, Defendant opposed. Defendant argues that the questions were either (1) voluntaril...

... motion to compel answers for depositions questions must be accompanied by a declaration stating facts showing “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040, 2025.480 subd. (b).) Here, Plaintiffs’ counsel filed a declaration that describe the meet and confer efforts. Specifically, Plaintiffs’ counsel mailed a letter on Dec...

  • Hearing

    Feb 20, 2020

JULIA SALAZAR VS LARRY ALLEN KLEIN, ET AL.

Hearing on Motion to Compel Deposition filed by Defendant Compelling Plaintiff's Attendance and Testimony at Deposition and Request for Sanctions is CONTINUED to March 5, 2020 at 1:30 p.m. in Department 29. The parties are ordered to meet and confer regarding a date for Plaintiff's deposition. If an agreement regardin...

  • Hearing

    Feb 20, 2020

MATTER OF HELGE T GRAHN FAMILY TRUST

...Production of Business Records (2) Petition to Determine Questions of Trust Construction Matter of Helge T. Grahn Family Trust, #19PR00160, Judge Sterne Hearing Date: February 20, 2020 Matter: Motion for Order to Compel Production of Business Records Attorneys: For Petitioner: Diana B. Mercier (Reetz, Fox & Bartlett) For Trustee: Jana S. Johnston (Mullen & Henzell) Tentative Ruling: The court grants P...

...business records specified in the November 5, 2019 subpoenas to Chase Bank and Wells Fargo Bank. Background and Petition: On April 25, 2019, petitioner Matthew A. Grahn (“Matthew”) filed a Petition for Order Determining Questions of Trust Construction; Title to Property; and for Instructions to Trustee. The trust at issue is the Helge T. Grahn Family Trust (“Trust”) created by Helge T. Grahn (“Helge”) on ...

  • Hearing

    Feb 20, 2020

IRMA MOJARRO ET AL VS CITY OF WHITTIER

...WHITTIER CASE NO.: BC656449 HEARING: 02/20/2020 JUDGE: OLIVIA ROSALES #7 TENTATIVE ORDER I. Plaintiff’s Motion to Compel Further Responses to Request for Admissions (set one) is DENIED. II. Plaintiff’s Motion to Compel Further Responses to Form Interrogatories (set two) is DENIED. III. Plaintiff’s Motion to Compel Further Responses to Request for Production of Documents (set four) is DENIED. IV. Plaintif...

...DENIED. Opposing Party to give notice. “Except as provided in (b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: (1) To Compel further responses to requests for admission; (2) To compel further responses to interrogatories…; (5) To compel or quash the producti...

  • Hearing

    Feb 20, 2020

CHARLES KUTA V. COLORTOKENS, INC.

...Linkaj that you referenced during your July 30, 2019 deposition. Defendant ColorTokens requests further responses to all of the requests for production of documents listed above. A motion for an order compelling further responses “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc., §2031.310, subd. (b)(1); Kirkland v. Sup. Ct. (2002) 9...

...the items requested include “highly valuable intellectual property and source code” and that ColorTokens requests the items in order to gain a competitive advantage among its competitors. (Opposition to motion to compel at p. 5.) The trade secret objection is overruled because ColorTokens adequately demonstrates the information sought is relevant to a material element of one or more causes of action in the ...

  • Hearing

    Feb 20, 2020

EDWARD MAYO, AN INDIVIDUAL VS TK1SC, A CALIFORNIA CORPORATION

...Termination in Violation of Public Policy; Retaliation in Violation of the FEHA (Cal. Gov’t Code §§ 12940(h) and 12940(m)(2)); and Failure to Indemnify (Labor Code § 2802). Plaintiff moves to quash the deposition subpoenas for production of business records served upon TTG and KJWW, now IMEG Corp. A/P CSC; and ME Engineers Inc., Plaintiff’s former employers. Legal Standard California Code of Civil Procedure ...

...a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make an...

  • Hearing

    Feb 20, 2020

MATTER OF CARRARI FAMILY TRUST

...and court costs. (2) Dettamanti’s motion to vacate orders and dismiss (3) Motion by non-party Marcial Lopez to quash deposition subpoena for personal appearance and production, and/or for protective order, and sanctions ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for Petitioner Linda Kopcrak, as Beneficiary James C. Buttery / Elizabeth A. Culley of Andre, Morris & Buttery for Temporary Trus...

...this action, including as early as November 29, 2018, the Court finds no basis to vacate any of the specified orders (3) The motion to quash is denied, except as articulated herein. The Court finds the deposition subpoena and its document requests to be valid and enforceable. Mr. Lopez has failed to support most of the objections he interposed, and they are therefore largely overruled. To the extent that Mr. L...

  • Hearing

    Feb 20, 2020

MARIA PARRA SARIANANA VS HONG HOLDINGS LLC

[TENTATIVE] ORDER RE: DEEFENDANT HONG HOLDINGS LLC’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION On March 15, 2017, Plaintiff Maria Parra Sarinana (“Plaintiff”) filed this action against Defendant Hong Holdings LLC (...

...a motion for leave to amend the complaint, to be heard on February 14. On February 14, the Court granted the motion for leave to amend and took the motion for summary judgment off calendar. The Court ordered that Plaintiff was to file the amended complaint within five days. Plaintiff never did that, although the parties have been litigating over the last year as if Plaintiff had filed the amended compla...

  • Hearing

    Feb 20, 2020

LONNIE FRANKLIN VS JOSE MAURO RAMIREZ, ET AL.

Motion to Compel Deposition Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On November 1, 2018, Plaintiff Lonnie Franklin (“Plaintiff”) filed a complaint against Def...

...Cross-Defendant Vilma Del Carmen Ramirez and Defendant/Cross-Defendant Jose Mauro Ramirez seeking indemnity, apportionment, and declaratory relief. On January 23, 2020, Defendant Jose Mauro Ramirez filed a motion to compel Plaintiff’s deposition pursuant to California Code of Civil Procedure section 2025.450, subdivision (a). Trial is set for April 30, 2020. PARTY’S REQUESTS Defendant Jose Mauro Ramirez (“M...

  • Hearing

    Feb 19, 2020

AMANDA MARTINEZ VS GOOD NEIGHBOR CLINIC, A MEDICAL CORPORATION, A CALIFORNIA CORPORATION

PLAINTIFF'S MOTION TO COMPEL DEPOSITION IS GRANTED. Background On July 5, 2019, Plaintiff Amanda Martinez filed the instant action against Defendant Good Neighbor Clinic and Does 1 through 20. The Complaint asserts causes of action for: ...

...of Gov’t Code § 12940(k); Declaratory Judgment; Retaliation (Lab. Code §§ 98.6, 1030, et seq.); and Wrongful Termination in Violation of Public Policy. Plaintiff moves for an order compelling the deposition of Defendant’s Person(s) Most Knowledgeable (“PMK”) and for an award of monetary sanctions against Defendant and its counsel of record, Leslie McAfee and the Law Offices of Leslie McAfee in the amount...

  • Hearing

    Feb 19, 2020

PHILLIPS V. CERDA

Motion: By Plaintiffs to Compel the Depositions of Defendant Rosemarie M Cerda and for sanctions. Ruling: To continue the hearing to Thursday, March 19, 2020 at 3:00 p.m. in Department 501. Plaintiff may file a supplemental brief including any mis...

...2019. Plaintiffs also move to produce documents pursuant to the notice of deposition. However, no notice of deposition, or list of documents to be produced, appears in the declaration in support of the motion, even though it appears that such papers are referenced in the supporting declaration. The parties further dispute the timeliness of the motion and the opposition on file. Generally speaking, an oppos...

  • Hearing

    Feb 19, 2020

SOPHIE GALINDO, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM, ANNA J. HAMILTON VS CAROLYN PASTOR, AN INDIVIDUAL

[TENTATIVE] ORDER RE MOTION TO QUASH SUBPOENA On July 2, 2019, Plaintiff Sophie Galindo filed this action against Defendant Carolyn Pastor for injuries from a motor vehicle accident on August 2, 2017. On August 28, 20...

...Defendant moves to quash the subpoena as violating her privacy and irrelevant to the matters in dispute. Plaintiff contends that by “using her Medical Condition to justify why Defendant cannot sit for her deposition, Defendant has now placed her medical condition at issue in this matter.” Plaintiff also contends that Defendant might have been unfit to operate a motor vehicle in 2017. Plaintiff’s arguments are no...

  • Hearing

    Feb 19, 2020

JESUS RAMIREZ, AN INDIVIDUAL VS WHITNEY BOWEN, AN INDIVIDUAL

Ramirez v. Bowen The Motion to Compel the Deposition of Plaintiff Jesus Ramirez, filed by Defendant Whitney Bowen, is GRANTED. Defendant first sent a notice for Plaintiff’s deposition on April 30, 2019, with the date for the deposition set for October 10, 2019. On September 27, 2019, Plaintiff informed Defendant that he would not appear for deposition on that date. Defendant re-not...

...and time noticed by Defendant. In addition, Plaintiff is ordered to produce the documents demanded in the September 27, 2019 notice at the deposition. Plaintiff’s failure to appear for the duly noticed deposition is an abuse of the discovery process for which sanctions are warranted. See Code Civ. Proc. § 2023.010. The Court imposes sanctions on Plaintiff in the amount of $420.00. The sanctions are payable wit...

  • Hearing

    Feb 19, 2020

NICK DANG, AN INDIVIDUAL VS FENG REN, AN INDIVIDUAL, ET AL.

Motion to Quash Subpoenas (x11) Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On July 29, 2019, Plaintiff Nick Dang (“Plaintiff”) filed a compl...

...Enterprises, Inc. The complaint alleges motor vehicle and general negligence for an automobile collision that occurred on December 5, 2017. On January 17, 2020, Plaintiff filed a motion to quash eleven deposition subpoenas pursuant to California Code of Civil Procedure section 1987.1. Trial is set for January 25, 2021. PARTY’S REQUESTS Plaintiff asks the Court to quash eleven deposition subpoenas Defendant ...

  • Hearing

    Feb 19, 2020

BAJEC V. ROBICHEAUX

Defendants’ (Grant William Robicheaux and Cerissa Laura Riley) Motion to Enforce Subpoena over Written Objections (Motion), filed on 11-1-19 under ROA No. 201, is GRANTED in part and DENIED in part. Code of Civil Procedure section 2025.480, states, in part, “(a) If a deponent fails to answer any question or to produce an...

...subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.” (Unzipped Apparel, LLC v. Bader (Unzipped) (2007) 156 Cal.App.4th 123, 127.), states, “If a deponent fails to produc...

  • Hearing

    Feb 18, 2020

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