Notice Of Motion And Motion To Compel Plaintiffs Deposition And Compel Plaintiff To Answer Specified Questions And Request For Sanctions
Set for Law and Motion/Discovery Calendar on Wednesday, July 22, 2026, Line 9.
Defendants Miller Kelley Architects, Inc. and Mark Miller's motion to compel plaintiff's deposition and to compel plaintiff to answer specified questions and for monetary sanctions is granted in part. Defendants are allowed to depose Betancourt for another session of his deposition on a mutually agreeable day no later than September 30, 2026, but that session is limited to the 17 questions in defendants' separate statement and reasonable follow-up questions and must not take longer than three hours. Betancourt has not shown that his refusal to answer any of the 17 questions was permitted. Defendants have failed to show that, other than the 17 questions and reasonable follow-up questions that there is good cause for them to ask any further deposition questions of Betancourt.
Because the positions of both sides were both substantially justified in part and lacking in substantial justification in part, none of the large amount of monetary sanctions sought by either side is awarded.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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.
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 contestdept302tr@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 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. =(302/HEK) | |
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”