Motion to compel further deposition
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SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: June 25, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
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Line 3 24CV452905 Mayra Perez Defendant American Honda Motor Co., Inc.’s (Honda) motion to compel Campos et al. v. further deposition of plaintiff Diego Perez Campos. Notice is proper and American Honda the motion is opposed by plaintiffs.
“If, after service of a deposition Motor Co., Inc. et notice, a party to the action ... without having served a valid objection al. under [Code of Civil Procedure] section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, 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, electronically stored information, or tangible thing described in the deposition notice.” (Code Civ. Proc., § 2025.450.)
Plaintiff Diego Campos appeared for a properly noticed deposition, but Honda contends the deposition could not be completed because plaintiffs had not produced necessary documents. Plaintiffs acknowledge Mr. Campos “testified that he may have additional documents relating to the Subject Vehicle.” (Opp. at 2:12-16.)
Plaintiffs argue the motion is moot because plaintiffs’ counsel contacted Honda’s counsel on June 11, 2026 (i.e., the same day the opposition to this motion was due, and six months after the motion was filed) to inquire about other deposition dates. The motion is not moot, as the further deposition has not occurred. And plaintiffs provide no substantial justification for waiting until the opposition in this matter was due before attempting to reschedule the deposition.
The motion is GRANTED. Plaintiff Diego Campos must sit for a further deposition (and produce the requested documents) no later than July 24, 2026.
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Honda’s request for sanctions is GRANTED IN PART. Plaintiffs and their counsel of record must pay Honda sanctions in the amount of $600 (two hours at $300/hour), no later than July 24, 2026. The court will prepare the court.
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