Pursuant to the Code Civil Procedure, section 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document. Code Civ. Proc., § 2025.450(a).
If a motion seeks to order the deponent to produce documents listed in the deposition notice, then the motion must “set forth specific facts showing good cause justifying the production for inspection of any document, electrically stored information, or tangible thing described in the deposition notice.” Code Civ. Proc., § 2025.450(b)(1).
A motion to compel the deposition of a party to the action must also be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. Code Civ. Proc., § 2025.450(b)(2).
Under the Code of Civil Procedure a party who has properly given notice for a deposition may move for an order to compel if “a party to the action... without serving valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document....” Code Civ. Proc., § 2025.450.
An objection to a deposition question does not excuse the deponent from the duty to answer unless the objecting party demands the deposition be suspended to allow for the filing of a motion for protective order. Code Civ. Proc., §§ 2025.460(b), 2025.470. Otherwise, the deponent must answer the question and the testimony will be received, subject to the objection. Code Civ. Proc., § 2025.460(b).
“If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) 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.” Code of Civ. Proc., § 2025.450(g)(1).
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...
...accident. Defendant Marjorie Anne Guzman moves to compel 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 Office...
Feb 21, 2020
Arsha Corp. v. Cedarwood Capital Partners La Cienega, LLC, et al. MOTION TO COMPEL RESPONSES TO 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 Respon...
...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 contract, open book account, fraud, and foreclosure of mechanic’s lien...
Feb 20, 2020
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...
Feb 20, 2020
...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...
Feb 20, 2020
Lori Ann Fournier or Olivia Rosales
Defendant John L. Pinches, III’s Motion to Compel Deposition Defendant John L. Pinches, III moves to compel Plaintiff Sharon Sonnenberg to appear for deposition. Plaintiff 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 schedul...
...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...
Feb 20, 2020
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...
Feb 20, 2020
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...
...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 (“Moving Defendant”) asks the Court ...
Feb 19, 2020
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: ...
...move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.”¿¿(Code of Civ. Proc., § 2025.450, subd. (a).)¿The motion must set forth both facts showing good cause justifying the demand for any documents and a meet and confer declaration.¿(Code of Civ. Proc., § 2025.450, subds. (b)(1), (b)(2).) A court shall impose m...
Feb 19, 2020
...Mercedes-Benz of Calabasas is GRANTED as to Defendant Sonic Santa Monica M. Inc. and DENIED as to Mercedes-Benz of Beverly Hills and Mercedes-Benz of Calabasas. Sanctions are DENIED. MOTIONS TO COMPEL DEPOSITION AND INSPECTION A party may make a motion compelling a witness’s deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. ...
...2025.450, subd. (a).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Schwartz moves to compel the deposition attendance of persons most knowledgeable (“PMK”) for Defendant Sonic and non-party Witness dealerships on the grounds that he sought their depositions but they filed objections without providing alter...
Feb 18, 2020
...limit for the completion of discovery . . . to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.” Code of Civil Procedure section 2034.620 states, “The court shall grant leave to augment or amend an expert witness list or declaration only if all of the following condit...
...testimony described in Section 2034.260 on all other parties who have appeared in the action. [¶] (d) Leave to augment or amend is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesse...
Feb 18, 2020
(1) Motion to Compel Deposition (Oral or Written) (2) CMC Ruling: (1-2) Off Calendar – no hearing will be held. Continued by Stipulation to 2-25-2020, Dept. C11, at 2 pm.
Feb 18, 2020
...BC670532 [TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; GRANTING MOTION TO COMPEL PRODUCTION OF DOCUMENTS; IMPOSING SANCTIONS Dept. 31 1:30 P.M. February 14, 2020 Plaintiff served a sixth Notice of Deposition and Request for Production of Documents on Defendant Fastrans Shuttle, LLC (“Fastrans”) on October 7, 2019. The Notice indicated an intent to depose Fastrans’s PMK concerning 22 issues and request for...
...previous notices and was rescheduled to accommodate Fastrans. Plaintiff attempted to schedule depositions with Defendant multiple times preceding the October 16, 2019 deposition. At the October 16, 2019 deposition, Fastrans produced Robert Greer as the deponent. Mr. Greer attests that he is not, nor never was, an employee of Fastrans. Mr. Greer further attests that he represented SuperShuttle and Transdev, and ...
Feb 14, 2020
Rukstalis v Ogilvie Motion to Compel Deposition Calendar: 13 Case No.: EC066984 Hearing Date: February 14, 2020 Action Filed: July 10, 2017 Trial Date: April 27, 2020 MP: Defendant/Cross-Complainant Gina M. Ogilvie RP: N/A ALLEGATIONS: I...
...Duty. PRESENTATION: Defendant filed the instant motion on December 13, 2019, which was originally set for oral arguments on January 10, 2020. Plaintiff, by ex parte application, requested a continuance of the motion, which the Court heard and granted on January 09, 2020, setting the new hearing date for February 14, 2020. To date, no opposition has been received. RELIEF REQUESTED: Defendant moves to compel Plai...
Feb 14, 2020
De La Rosa v. Pina et al. Plaintiff’s Motion to Compel Deposition of Defendant Edgar Pina is GRANTED. Mr. Pina is ordered to appear for his deposition at a time and place duly noticed by Plaintiff. The Court imposes sanctions against Defendant Edgar Pina in the amount of $1023.50, payable within 30 days. On November 6, 2019, Plaintiff served Defend...
...of the deposition, Defendant failed to appear but his counsel was present. (Motion, Ex. 2.) On January 2, 10, and 14, 2020, Plaintiff’s counsel emailed Defendant’s counsel in an attempt to resolve the deposition issue. (Genson Decl., ¶ 7-9; Ex. 3, 4, and 6.) On January 10, 2020, Defendant’s counsel responded that he is “working on providing [Plaintiff’s counsel] dates asap.” (Motion, Ex. 5.) However, to date,...
Feb 14, 2020
...JAVIER PATINO LOIRA, Defendant. CASE NO: 18STCV09432 [TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION; IMPOSING SANCTIONS Dept. 31 1:30 P.M. February 14, 2020 Defendant served a Notice of Deposition on Plaintiff on September 18, 2019. The Notice indicated an intent to depose Plaintiff Mia Thorn, and was noticed for October 18, 2019. The deposition had been previously noticed and rescheduled to ac...
...filed. The motion to compel is granted. CCP §2025.450(a). Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Plaintiff Mia Thorn’s deposition. The deposition must go forward within twenty days. If Counsel are unable to resolve this issue, Defendant’s Counsel may set the deposition on Defendant’s Counsel’s terms with ten days’ notice to Plaintiff Counsel (a...
Feb 14, 2020
...documents have been produced, and a privilege log for all documents withheld including confidential financial documents. The motion to compel deposition is granted. Defendant CycleHop is ordered to appear for deposition during the week of February 24, 2020, at a time and place designated by plaintiff, and to produce documents including a privilege log for any documents withheld. The requests for sanctions are deferre...
Feb 14, 2020
...Violation of October 24, 2019 Discovery Order and for Spoliation of Evidence, and For Monetary Sanctions 2)Plaintiffs Michael Bard, Jo Elizabeth Burghardt, Herm Cundall, and Gail Peterson's Motion to Compel Deposition Answers from Defendant Hoag Orthopaedic Institute's Patti Steger and for Sanctions (CCP 2025.480) Off calendar.
Feb 14, 2020
...UBER TECHNOLOGIES, INC., et al. Defendants. CASE NO: BC699297 [TENTATIVE] ORDER GRANTING MOTION TO COMPEL DEPOSITION OF PMK; GRANTING MOTION TO COMPEL DEPOSITION OF TRACEY BREEDEN; DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS Dept. 31 1:30 P.M. February 13, 2020 Plaintiff served a Notice of Deposition on Defendant Uber Technologies, Inc. (“Uber”) on October 3, 2019. The Notice indicated an inten...
...for a date prior to an already scheduled deposition of Plaintiff without the agreement of opposing counsel, and 3) a variety of boilerplate and procedural grounds. Plaintiff served a second Notice of Deposition on Uber on October 29, 2019. The Notice indicated an intent to depose Uber’s PMK concerning 17 issues. It was noticed for November 13, 2019. Plaintiff received Defendant’s objection on November 8, 201...
Feb 13, 2020
Motion No. 1: Plaintiff’s (Hassan Essayli) Motion to Compel Deposition of Mohammed Mahdi Kassir and Production of Documents (Motion), filed on 10-15-19 under ROA No. 64, is DENIED. Code of Civil Procedure section 2025.450 states in part, (a) “If, after service of a depos...
...notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the production for inspection of...
Feb 11, 2020
(1) Motion to Be Relieved as Counsel of Record (2) Motion to Compel Deposition (Oral or Written) Tentative Ruling: (1) Motion to Be Relieved As Counsel: Off Calendar (2) Motion to Compel Compliance with Depositi...
...Subpoena: Defendant HOA’s Motion to Compel Compliance with Deposition Subpoena is GRANTED. Third-party Nandini Narayanan, LCSW (“Narayanan”) is ordered to produce the documents requested in defendant HOA’s Deposition Subpoena for Production of Business Records served on 10-7-19, on counsel for Narayanan within 30 days of the date of this order. A defendant is entitled to records concerning the body parts and condi...
Feb 11, 2020
(1) Motion to Be Relieved as Counsel of Record (2) Motion to Compel Deposition (Oral or Written) Tentative Ruling: (1) Motion to Be Relieved As Counsel: The Motion to Be Relieved as Counsel filed by Thomas E. Brownfield, Esq. of Homeowners Legal Advocates, PLC, counsel of record...
...Subpoena: Defendant HOA’s Motion to Compel Compliance with Deposition Subpoena is GRANTED. Third-party Nandini Narayanan, LCSW (“Narayanan”) is ordered to produce the documents requested in defendant HOA’s Deposition Subpoena for Production of Business Records served on 10-7-19, on counsel for Narayanan within 30 days of the date of this order. A defendant is entitled to records concerning the body parts and condi...
Feb 11, 2020
BC640698 SERGIO MIRALDA VS HENG SHENG INC. Plaintiff’s Motion to Compel Deposition of Defendant Chris Wu and for Sanctions TENTATIVE RULING: The motion is granted. Wu is ordered to appear for deposition within 15 days at a time and place designated by plaintiff. The court orders defendant Chris Wu and her former attorney Shun C. Chen APLC, jointly and severally, to pay plaintiff sanctions of $3997.50...
...Civ. Proc., § 2025.450, subds. (a), (b).) Any defect in service of the declaration in support of the motion was waived by addressing it on the merits. The motion is granted. Wu is ordered to appear for deposition within 15 days at a time and place designated by plaintiff. The court orders defendant Chris Wu and former attorney Shun C. Chen APLC, jointly and severally, to pay plaintiff sanctions of $3997.50.
Feb 11, 2020
...ORDER GRANTING MOTION TO COMPEL DEPOSITION; DENYING MOTION TO COMPEL PRODUCTION OF DOCUMENTS AT DEPOSITION; IMPOSING SANCTIONS Dept. 3 1:30 p.m. February 10, 2020 Defendant has noticed Plaintiff’s deposition on multiple occasions. The parties agreed to continue the deposition several times, and ultimately the deposition was scheduled for 12/23/19. Plaintiff failed to appear at her properly noticed deposit...
...granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition. Plaintiff did not object to the notice of deposition, but did not appear. Of note, Plaintiff’s attorney contends Plaintiff was sick on 12/23/19, but the evidence before the Court shows that neither Plaintiff nor her attorney called Defense Counsel’s off...
Feb 10, 2020
Motion to Compel Deposition Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On March 22, 2019, Plaintiff Williams James, PH.D filed a complaint against Defendants Oded Bahat, B...
...(“Defendants”). The complaint alleges medical malpractice for the deficient placement of implants on August 8, 2017 and follow-up care. On January 10, 2020, Defendants filed a motion to compel Plaintiff’s deposition pursuant to California Code of Civil Procedure section 2025.450, subdivision (a). Trial is set for September 19, 2020. PARTIES’ REQUESTS Defendants ask the Court to compel Plaintiff to appear and t...
Feb 10, 2020
oscar eugenio martinez , Plaintiff, v. geraldo pineda lopez, Defendant. Case No.: BC713597 Hearing Date: February 10, 2020 [TENTATIVE] order RE: motion to compel deposition Background Plaintiff Oscar Eugenio Martinez (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Geraldo Pineda Lopez (“Defendant”). Defendant moves to compel the depos...
... depositions of Plaintiff, which is not opposed. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition....
Feb 10, 2020
