Susan L. Lussier vs. Cheryl Dorman

Trial is set for June 9, 2026.

Plaintiff argues Defendant has had six months to retain new counsel and that Defendant’s refusal to proceed with her deposition in pro per precludes Plaintiff from adequately preparing for trial. Plaintiff also notes Defendant has continued to serve written discovery despite her refusal to appear.

Plaintiff moves to compel Defendant’s attendance and testimony at deposition pursuant to Code of Civil Procedure section 2025.450(a), which provides, “If, after service of a deposition notice, a party to the action, without having served a valid objection under Section 2025.410 [regarding defects in deposition notice], 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. § 2025.410.)

The record demonstrates that Plaintiff has served Defendant with four notices of depositions, to which Defendant did not serve any formal objections. Plaintiff has also attempted to obtain a different deposition date from Defendant, but Defendant refuses to appear until she retains new counsel. However, Defendant has had approximately six months to retain new counsel, but has failed to do so. Trial is currently set for June 9, 2026, and Plaintiff has a right to proceed with Defendant’s deposition, even if she remains pro per. Further, Defendant has not opposed, which the Court construes as a concession on the merits.

Accordingly, Plaintiff’s motion is GRANTED. Defendant shall provide Plaintiff with available dates for her deposition no later than April 17, 2026, and the deposition shall take place no later than May 5, 2026.

Plaintiff’s request for monetary sanctions is GRANTED in the reduced amount of $1,140 (representing three hours of attorney time at the rate of $360 per hour, plus the $60 filing fee). Sanctions to be paid no later than May 5, 2026, and, if not paid by that date, Plaintiff may prepare for the Court's signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00336302-CU-FR-GDS: Susan L Lussier vs. Cheryl Dorman 04/07/2026 Hearing on Motion to Compel Attendance and Testimony of Cheryl Dorman in Department 54

The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.

[1] The Court notes Defendant filed a Declaration on Friday, April 3, 2026, in response to Plaintiff’s Notice

of Non-Opposition. Any opposition was due on March 25, 2026. The Court did not consider Defendant’s extremely untimely declaration.

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) 874-2615 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. The Department 54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

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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 Court’s 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2023-00336302-CU-FR-GDS: Susan L Lussier vs. Cheryl Dorman 04/07/2026 Hearing on Motion to Compel Attendance and Testimony of Cheryl Dorman in Department 54