A party may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, 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. (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).)
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).)
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).)
“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).)
Motion to Compel Deposition of SARC PMK Re: Nurse Education Legal Standard See Motion #1. Discussion Plaintiffs move the court for an order to compel SARH’s PMQ on a variety of topics, including nursing policies, procedures, and education (collectively, “Nurse Education”) to appear for deposition.
Dec 04, 2020
Los Angeles County, CA
As to witnesses Dave Cunningham, Philippe Cueto, Ken Jones, Bryce Chumley, Chris Pepin, Jason Kobler, Corey Wells, and Bryce Dallas, Plaintiffs’ motion to compel deposition is DENIED. Plaintiffs are required to issue deposition subpoenas to the third-party witnesses in order to compel their depositions. Defendant is ordered to provide Plaintiffs forthwith the witnesses’ last known contact information.
Dec 03, 2020
Los Angeles County, CA
A motion to compel deposition shall be accompanied by a meet and confer declaration under Section 2016.040 or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (Code Civ. Proc., § 2025.450, subd. (b)(2).)
Dec 03, 2020
Real Property
other
Los Angeles County, CA
Issue No.2: Monetary Sanctions If a motion to compel deposition is granted, the court must impose a monetary sanction 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 Civ. Proc. § 2025.450(g)(1).)
Dec 03, 2020
Employment
Wrongful Term
Los Angeles County, CA
A motion to compel deposition shall be accompanied by a meet and confer declaration under Section 2016.040 or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (Code Civ. Proc., § 2025.450, subd. (b)(2).)
Dec 02, 2020
Personal Injury/ Tort
Medical Malpractice
Los Angeles County, CA
.: 20stcv17362 Hearing Date: December 2, 2020 [TENTATIVE] order RE: MOTION to compel deposition of defendant fca’s person most knowledgeable Background Plaintiff CARLOS HALILI (Plaintiff) commenced this action against Defendant FCA US LLC (FCA) on May 6, 220. The Complaint asserts causes of action for violations of the Song Beverly statute. Plaintiff’s claims arise from his purchase of a 2018 Ram 1500 (Vehicle).
Dec 02, 2020
Los Angeles County, CA
.: 18STCV02854 Hearing Date: December 2, 2020 [TENTATIVE] order RE: motion to compel deposition BACKGROUND Plaintiff Raymond A. Padilla (“Plaintiff”) filed this medical malpractice action against Defendant Nancy Ann McCarthy, M.D. (“Defendant”), among others. Now, Plaintiff moves to compel the deposition of Defendant. The motion is granted. PROCEDURAL HISTORY On April 22, 2019, Plaintiff served a deposition notice on Defendant. (Declaration of Benjamin Fogel, ¶ 3.)
Dec 02, 2020
Personal Injury/ Tort
Medical Malpractice
Los Angeles County, CA
.: 19STCV10080 Hearing Date: December 2, 2020 [TENTATIVE] order RE: MOTION to compel deposition of defendant GM’s person most knowledgeable Background Plaintiff Jason Smith (Plaintiff) commenced this action against Defendant General Motors, LLC (GM) on March 25, 2019. The Complaint asserts causes of action for violations of the Song Beverly statute. Plaintiff’s claims arise from his purchase of a 2012 Chevy Cruze (Vehicle).
Dec 02, 2020
Los Angeles County, CA
Motion to Compel Deposition (Oral or Written) Tentative Ruling: The Court DENIES Plaintiff, Rafael Villalvazo’s Motion to Compel Deposition of Defendant, Bodega Latina Corporation dba El Super and Request for Production of Documents in its entirety. Plaintiff fails to establish that prior to filing the instant motion, defendant failed to appear at the noticed depositions without having served a valid objection under Code of Civil Procedure section 2025.410. (Code Civ. Proc. § 2025.450(a)-(b).)
Dec 01, 2020
Orange County, CA
Motion to Compel Deposition Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On June 26, 2019, Plaintiff Shane Ashton (“Plaintiff”) filed a complaint against Defendant The Pep Boys – Manny, Moe & Jack of California (erroneously sued as Pep Boys) (“Defendant”). Plaintiff alleges negligence and premises liability arising from an incident that occurred on July 2, 2017.
Dec 01, 2020
Los Angeles County, CA
Sanctions It has been established that if a motion to compel deposition is granted, the court shall impose a monetary sanction 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. (CCP §2025.450(g)(1).)
Dec 01, 2020
Real Property
other
Los Angeles County, CA
[TENATIVE] ORDER RE MOTION TO COMPEL DEPOSITION In July 2020, the parties signed a stipulation to continue the trial in this case to a date after the trial in a pending English case. The stipulation expressly did not stay this case and stated it did not preclude any party from otherwise proceeding with the litigation.
Dec 01, 2020
Other
Intellectual Property
Los Angeles County, CA
1) Motion for Sanctions 2) Motion to Compel Deposition – OFF CALENDAR by Stipulation 3) Motion to Compel Physical/Mental Examination -- OFF CALENDAR per Notice by Moving Party (ROA #845) Before the Court is a Motion by Plaintiff H.K., by and through her Guardian ad Litem, Lois K.
Nov 30, 2020
Orange County, CA
Conclusion: Plaintiff’s Motion to Compel Deposition Attendance of Defendant’s PMK is DENIED.
Nov 30, 2020
Contract
Breach
Los Angeles County, CA
1) Motion to Compel Deposition (Oral or Written) 2) Motion to Compel Further Responses to Form Interrogatories Defendants Hien Wu (“Wu”), Nadya Lesmana, and Hien Wu and Nadya Lesmana, Trustees of the Hien Wu and Nadya Lesmana Living Trust Dated April 11, 2016 (collectively, “Defendants”) seek an order compelling plaintiff Frederick Solter (“Plaintiff”) to appear at his deposition and imposing monetary sanctions in the amount of $3,228.30 against Plaintiff.
Nov 30, 2020
Orange County, CA
Meet and Confer A motion to compel deposition must be accompanied by a good faith meet and confer declaration under section 2016.040 or, “when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).)
Nov 25, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
motion to compel deposition and continue motion for summary judgment Date of Hearing: November 25, 2020 Trial Date: None set. Department: W Case No.: 19VECV01202 Moving Party: Plaintiff Margaret Keyes Responding Party: Defendants L.Z. Design Group, Inc. and Lisa Zeder BACKGROUND Plaintiff filed a complaint for damages alleging Defendants improperly acted as a contractor without proper state licensure.
Nov 25, 2020
Business
Intellectual Property
Los Angeles County, CA
Stoller) Motion to Compel Deposition Attendance and Production of Documents of Defendant General Motors LLC’s Person(s) Most Knowledgeable and Custodian(s) of Records (Motion), filed on 6-17-20 under ROA No. 101, is DENIED.
Nov 24, 2020
Orange County, CA
Abuzeid, Esq. in Regards to Plaintiffs' Motion to Compel Attendance at Deposition [ROA 309] and the Supplemental Declaration of Bryan Pease in Support of Motion to Compel Deposition [ROA 310]. Nothing in either declaration causes the court to rule in a manner other than as set forth above.
Nov 24, 2020
Other
Intellectual Property
San Diego County, CA
Abuzeid, Esq. in Regards to Plaintiffs' Motion to Compel Attendance at Deposition [ROA 309] and the Supplemental Declaration of Bryan Pease in Support of Motion to Compel Deposition [ROA 310]. Nothing in either declaration causes the court to rule in a manner other than as set forth above.
Nov 24, 2020
Other
Intellectual Property
San Diego County, CA
Motion to Compel Deposition (Oral or Written) CONTINUED TO JANUARY 4, 2021 on the Court’s motion
Nov 23, 2020
Orange County, CA
Motion to Compel Deposition OFF CALENDAR NOTICE OF TAKING THE MOTIONS OFF CALENDAR FILED 11/12/20
Nov 23, 2020
Orange County, CA
On September 17, 2020, Plaintiff filed the instant motion to compel deposition attendance of Defendant’s PMK and production of documents. ANALYSIS: I. Motion to Compel Deposition and Production of Documents A. Legal Standard The service of a deposition notice under Code of Civil Procedure section 2025.240 is effective to require any deponent who is a party to the action to attend and testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).)
Nov 23, 2020
Los Angeles County, CA
SUBJECT: (1) Motion to Compel Deposition and Production of Documents Moving Party: Plaintiff David Chavez Resp. Party: None (2) Motion to Compel Further Discovery Responses to Special Interrogatories Moving Party: Plaintiff David Chavez Resp. Party: Defendant FCA US, LLC (3) Motion to Compel Further Discovery Responses to Form Interrogatories Moving Party: Plaintiff David Chavez Resp.
Nov 23, 2020
Los Angeles County, CA
MOTION TO COMPEL DEPOSITION OF RAMOS This hearing will be continued 30 days so that the Parties can further meet, confer, an agree on a weekday in December or January for Plaintiff’s deposition 1
Nov 20, 2020
Santa Cruz County, CA
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