Motion to Compel In-Person Deposition
25CV019325: MAGEE vs M.A.C. COSMETICS INC., et al. 07/28/2026 Hearing on Motion to Compel In-Person Deposition in Department 16C
Tentative Ruling
On the Court's own motion, the Hearing on Motion to Compel In-Person Deposition scheduled for 07/28/2026 is continued to 09/01/2026 at 09:00 AM in Department 16C at Tani G. Cantil- Sakauye Courthouse.
The Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Moving counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If moving counsel is unable to contact opposing counsel prior to the hearing, they shall be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
Defendants M.A.C. Cosmetics Inc., ELC Beauty LLC, the Estèe Lauder Companies Inc., Morgan Bridges, Sarah Ritchey, and Eloy Guerras (Defendants) Motion to Compel Plaintiffs In-Person Deposition is continued as stated above, as follows.
In essence, Defendants have noticed Plaintiff Katie Lynn Magees (Plaintiff) deposition to occur on August 19, 2026, in person, at Defendants counsels Sacramento office. It is undisputed that Plaintiff lives in Sacramento, and the action is venued here.
Plaintiff opposes the motion, rejoining, inter alia, that the motion is premature under Code of Civil Procedure section 2025.450 because the deposition date has not yet passed. In other words, Plaintiff has not yet failed to appear for her deposition.
The Court agrees with Plaintiffs interpretation of the statute.
Code of Civil Procedure section 2025.450 provides in pertinent part:
(a) If, after service of a deposition notice, a party to the action. . . fails to appear for examination, or to proceed with it, . . . the party giving the notice may move for an order compelling the deponents attendance and testimony . . . .
(b) A motion under subdivision (a) shall . . . [¶] (2) . . . be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition . . ., by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.
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25CV019325: MAGEE vs M.A.C. COSMETICS INC., et al. 07/28/2026 Hearing on Motion to Compel In-Person Deposition in Department 16C
Although the Court acknowledges that it seems inefficient to require Plaintiffs non-appearance before seeking to compel her deposition under Code of Civil Procedure section 2025.450 when her counsel has represented that she will not appear, that is what the text of the statute appears to require.
Therefore, the hearing on Defendants motion is continued as stated to allow for Plaintiffs anticipated non-appearance and Defendants filing of the declaration required under subdivision (b)(2) of the statute prior to the continued hearing date.
No later than August 24, 2026, Plaintiff shall file with the Court a declaration in compliance with Code of Civil Procedure section 2025.450, subdivision (b)(2) or a notice of withdrawal of motion (in the event the deposition takes place as noticed).
No further briefing on the motion is permitted absent leave of court.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV019325: MAGEE vs M.A.C. COSMETICS INC., et al. 07/28/2026 Hearing on Motion to Compel In-Person Deposition in Department 16C
The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014 *. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided. Enter command here