Nunez v. Lopez
MOTION TO COMPEL PLAINTIFF'S FURTHER DEPOSITION TESTIMONY AND PRODUCTION OF DOCUMENTS, TO RESUME AND COMPLETE PLAINTIFF'S DEPOSITION, AND FOR MONETARY SANCTIONS
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CASE NUMBER: 25STLC08551 NOTICE: OK PROCEEDINGS: MOTION TO COMPEL PLAINTIFF'S FURTHER DEPOSITION TESTIMONY AND PRODUCTION OF DOCUMENTS, TO RESUME AND COMPLETE PLAINTIFF'S DEPOSITION, AND FOR MONETARY SANCTIONS MOVING PARTY: Defendant Maria Lopez RESP. PARTY: None MOTION TO COMPEL FURTHER DEPOSITION AND PRODUCTION OF DOCUMENTS (Code Civ. Proc., Sec. 2025.480) TENTATIVE RULING: The Court DENIES Maria Lopez's motion and request for sanctions. Lopez is to give notice. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None
filed as of September 4, 2026 [] Late [X] None REPLY: None filed as of September 4, 2026 [] Late [X] None ANALYSIS: Oscar Julio Martinez Nunez filed a complaint that says (only) "Maria Lopez Ran Me Over On Dec-29-2023 Causing Me An Injury For What I Needed An Ambulance To Get Carried To A Hospital For Medical Treatment."
Lopez answered, and then attempted to depose Nunez. Nunez declined to answer certain questions and declined to produce evidence demanded in Lopez's deposition notice. Lopez's counsel adjourned the deposition, "subject to court intervention." The reporter certified the transcript of those proceedings on May 11, 2026.
Lopez now moves for an order compelling Nunez to continue his deposition and to produce the documents specified in the deposition notice. Lopez also requests sanctions. Having reviewed the deposition transcript, Lopez's motion is patently meritorious. But it's also patently untimely.
A party must make a motion under Code of Civil Procedure section 2025.480, the statute on which Lopez relies, "no later than 60 days after the completion of the record of the deposition." (Code Civ. Proc., Sec. 2025.480, subd. (b).) The record of the deposition was complete when the reporter certified the transcript on May 11, 2026. Sixty days elapsed on July 10. Lopez filed her motion on July 21--11 days too late.
Section 2025.480's 60-day deadline is mandatory. (Weinstein v. Blumber g (2018) 25 Cal.App.5th 316, 321.) The Court therefore DENIES Lopez's motion. Lopez is to give notice.
August 10, 2026 JUDGE /DEPT: Eisenman/25 CASE NAME: Ferguson Enterprises, LLC v. Panda Rooter Inc., et al. COMP. FILED: 01-26-26
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