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).

Useful Rulings on Motion for Order Compelling Deposition

Recent Rulings on Motion for Order Compelling Deposition

IGNAT STEPANENKO VS JOHN ROE DDS ET AL

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.”

  • Hearing

    Sep 22, 2020

SANTOS V. HCR MANOR CARE SERVICE, LLC

Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section

  • Hearing

    Sep 22, 2020

LEV INVESTMENTS, LLC VS RUVIN FEYGENBERG, ET AL.

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.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

ALEJANDRA TORRES VS STATE FARM MUTUAL INSURANCE COMPANIES

C/O: NONE MOTION C/O: NONE TRIAL DATE: NONE PROCEEDINGS: MOTION FOR ORDER COMPELLING RESPONDENT TO PRODUCE DOCUMENTS AND/OR PROVIDE FURTHER RESPONSES TO CLAIMANT’S REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS MOVING PARTY: Petitioner Alejandra Torres RESP.

  • Hearing

    Sep 21, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

GOLDEN RAIN FOUNDATION OF LAGUNA WOODS V. DICKINSON

As the Court understands the motion, Cross-Defendants base their request for sanctions on five alleged discovery abuses by Cross-Complaint, to wit: (1) Dickinson’s failure to obey the Court’s 12/2/19 order compelling further responses to form interrogatories and ordering monetary sanctions; (2) Dickinson’s failure to appear for his deposition on multiple occasions; (3) Dickinson’s failure to serve proper, Code-compliant verifications with his discovery responses; (4) Dickinson’s repeated untimely responses to

  • Hearing

    Sep 21, 2020

GENARO SORIANO VS LIVE NATION WORLDWIDE INC ET AL

Plaintiff also seeks monetary sanctions If a party filing a response to a demand for inspection, copying, testing or sampling thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance. (Code Civ. Proc., § 2031.320, subd. (a).)

  • Hearing

    Sep 21, 2020

SHARAREH REZVANI VS MENORAH HOUSING FOUNDATION

Compel Responses Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)

  • Hearing

    Sep 21, 2020

SUSANNA KHACHATRYAN VS SALVADOR BAUTISTA

Bautista Defendant’s Motion for Order Compelling Plaintiff Susanna Khachatryan’s Attendance and Testimony at Deposition is GRANTED. Plaintiff is ordered to appear for her deposition in the next 30 days. The parties are ordered to meet and confer regarding the date and time. If the parties cannot agree on a date and time, Defendant may select the date. Plaintiff may appear remotely by videoconference.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FRANCISCO ROCHA VS ERIC CHAPMAN ET AL

Request for Production of Documents On receipt of a response to an inspection demand, the demanding party may move for an order compelling further responses to the demand if the demanding party deems that any of the following apply: (1) a statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; or (3) an objection in the response is without merit or too general. CCP §2031.310(a).

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LUKE YUGUANG VS AMERICAN NEW ERA TV MEDIA GROUP INC

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.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANDREW MCGINNIS, ET AL. VS SAN MARINO GARDENS WELLNESS CENTER, LP

REQUESTS FOR PRODUCTION OF DOCUMENTS CCP § 2031.310 provides that a party demanding a document inspection may move for an order compelling further responses to the demand if the demanding party deems that:…. (3) An objection in the response is without merit or too general.” Under CCP § 2031.310 (b)(1), “The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand.”

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document … described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance

  • Hearing

    Sep 18, 2020

JESSICA P LOREDO DE LUCAS VS NISSAN NORTH AMERICA, INC.

Request for Production of Documents On receipt of a response to an inspection demand, the demanding party may move for an order compelling further responses to the demand if the demanding party deems that any of the following apply: (1) a statement of compliance with the demand is incomplete; (2) a representation of inability to comply is inadequate, incomplete, or evasive; or (3) an objection in the response is without merit or too general. CCP § 2031.310(a).

  • Hearing

    Sep 18, 2020

MATTER OF CARRARI FAMILY TRUST, EST. FEBRUARY 28, 2002

Dettamanti did, in fact, violate this Court’s June 11, 2020 order compelling her deposition to take place on July 13 and 14, 2020. There was nothing ambiguous about that order.

  • Hearing

    Sep 17, 2020

FARBOD MELAMED VS PARALLAX HEALTH SCIENCES INC ET AL

Defendant Melamed moves to compel the California Board of Pharmacy to comply with its deposition subpoena for the production of records. Legal Standard “‘If a deponent fails to answer any question or to produce any document or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.’” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.

  • Hearing

    Sep 17, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ENTRY VENTURES INC V. THE TEAM GROUP LLC

First, The Team Group seeks an order "compelling Entry Ventures to comply with the Court's January 10, 2020 order requiring Entry Ventures to produce all requested documents no later than January 24, 2020." The Court is persuaded that Entry Ventures has failed to comply with the Court's prior order compelling production of documents but the Court is confused as to exactly what relief The Team Group is now seeking when The Team Group says it seeks an order "compelling" compliance.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

PAZ VS. FCA US, LLC

(collectively “Plaintiffs”) move for an order compelling Defendant FCA US, LLC (“Defendant”) to respond to Plaintiffs’ Request for Production of Documents, Set One (“RFP”), without objections, pursuant to CCP § 2031.300. Where there has been no timely response to a CCP § 2031.010 demand, the first thing the demanding party must do is to seek an order compelling a response. (See CCP § 2031.300.)

  • Hearing

    Sep 17, 2020

WALTER COLLINS VS. HOAG MEMORIAL HOSPITAL PRESBYTERIAN

Generally, a terminating sanction should only be imposed “after a party fails to obey an order compelling discovery.” Id. (citation omitted). Based on the record, the Court finds the requested order is not justified. There is no evidence Plaintiff thwarted, or attempted to thwart, Defendant’s right to depose his expert; nor did Plaintiff violate a discovery order. To the contrary, Plaintiff has consistently reaffirmed its willingness to make Dr. Reading available for deposition, after Dr.

  • Hearing

    Sep 17, 2020

JACQUELINE BUSHNELL VS SIALIC CONTRACTORS CORPORATION DBA SHAWNAN , ET AL.

If a deponent fails to answer any question or to produce any document under its control, the party seeking discovery may move the court for an order compelling that answer or production. (CCP § 2025.480(a).) If the court determines that the answer or production sought is subject to discovery, it shall order that the answer be given or the production be made on the resumption of the deposition. (CCP § 2025.480(i).) In this case, Defendant admits Metro has provided Defendant with an Affidavit of No Records.

  • Hearing

    Sep 17, 2020

BENITO GIACALONE VS FAISAL BIN AZIZ SAUD, ET AL.

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party. . . without having served a valid objection under Section 2025.410, fails to appear for examination. . . the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . . (Code Civ. Proc., § 2025.450(a).)

  • Hearing

    Sep 17, 2020

TANIA OLVERA, ET AL. VS RAY FISH, ET AL.

“If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, or to proceed with it … the party giving the notice may move for an order compelling the deponent's attendance and testimony…” (Code Civ. Proc., §2025.450, subd. (a).) Plaintiff Gutierrez submitted no opposition to the motion. The motion is granted.

  • Hearing

    Sep 16, 2020

MARHNAZ RAD ET AL VS SALOME L SHEK ET AL

LEGAL AUTHORITY Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where no responses have been served.

  • Hearing

    Sep 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SHAHNAZ KARDOUH VS GENERAL MOTORS LLC, ET AL.

Legal Standard Code of Civil Procedure § 2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . 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 . . . described in the

  • Hearing

    Sep 16, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

"PROTECTION OF THE HOLY VIRGIN,", ET AL. VS OUR CHURCH BUILDING, INC., A CALIFORNIA NONPROFIT RELIGIOUS CORPORATION

Motion to Compel Further re: RFAs On receipt of a response to a request for admission, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular request is evasive or incomplete, or (2) an objection to a particular request is without merit or too general. (CCP § 2033.290(a).) DISCUSSION A.

  • Hearing

    Sep 16, 2020

  • Type

    Real Property

  • Sub Type

    other

FAITH MORGAN VS SHIRLEY SCHYMAN ET AL

Accordingly, Moving Defendants are entitled to an order compelling Goalwin to produce the requested documents. Accordingly, the motion is GRANTED. Moving Defendants shall serve a new notice of deposition and Goalwin shall appear for deposition forthwith. Goalwin shall also comply with the subpoena’s document requests. It is so ordered. Dated: September , 2020 Hon. Jon R.

  • Hearing

    Sep 15, 2020

1 2 3 4 5 6 7 8 9 10 ... 186     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we gather your results.