Notice Of Motion And Renewed Motion For Protective Order Re: Remote Deposition Format, Advance Production Of Documentary Exhibits, Four-Hour Per-Day Session Limit, And Stay Of Deposition Pending Ruling
Matter on calendar for Tuesday, June 16, 2026, Line 2, PLAINTIFF SARAH LEWIS' Renewed Motion For Protective Order Re: Remote Deposition Format, Advance Production Of Documentary Exhibits, Four-Hour Per-Day Session Limit, And Stay Of Deposition Pending Ruling.
The renewed motion for protective order is denied. On a reconsideration motion, a party must not only present new facts or law, the party but must show that they could not have presented the new matter previously. (See, e.g., In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 ["A motion for reconsideration must be based on new or different facts, circumstances or law, and facts of which the party seeking reconsideration was aware at the time of the original ruling are not new or different. In addition, a party must provide a satisfactory explanation for failing to offer the evidence in the first instance."] [citation simplified].)
Plaintiff Sarah Lewis's motion does not comply with this requirement.
The court also concludes that the accommodations sought by Lewis would fundamentally alter the character of a deposition, which provides an opportunity to view and assess the credibility and presentation of a witness live and in person, similar to their presentation at trial. Requiring a deposition to occur remotely, and requiring defendants to provide a witness with documents in three days in advance, fundamentally alters the activity.
The court notes that it previously granted Lewis's motion for protective order in part, requiring a session to last no longer than four hours and requiring defendants to take breaks upon request. Its prior protective order remains in place.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA). | |