#Motion to compel deposition sample code#

When Plaintiff appears for deposition, he must provide the requested documents. As a result of the foregoing, Defendant’s motion to compel is GRANTED, and Plaintiff must appear for deposition within 30 days of this order (unless he is currently incarcerated-if so, he must appear for deposition within 30 days of being released from custody). Defendant subsequently inquired as to the Plaintiff’s nonappearance prior to filing the instant motion as mandated by statute. (b)(2).)ĭefendant has established, via the supporting declaration of its counsel, that Plaintiff was served with notice of his deposition but failed to appear at it, and never served any objections. (a).) Such a motion must be accompanied by a meet and confer declaration, or, when the deponent fails to attend the deposition, by a declaration stating that the moving party has inquired about the nonappearance. (Code Civ.

#Motion to compel deposition sample code#

( Id.)ĭefendant moves to compel Plaintiff’s deposition pursuant to Code of Civil Procedure section 2025.450, which provides that if, after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or to proceed with it, the party giving notice of the deposition may move for an order compelling the deponent’s attendance and testimony. (Code Civ. Goff, Plaintiff is currently incarcerated. Defendant’s counsel met and conferred with attorney Stanley Goff, who purportedly now represents Plaintiff but did not represent him when the notice was served, on January 3, 2020.

The motion is unopposed by Plaintiff, who was formerly self-represented but now appears to have counsel despite no notice of formal representation having been served. On January 3, 2020, Defendant filed the instant motion to compel Plaintiff’s attendance at his deposition and for monetary sanctions. ( Id.) Plaintiff, who served no objections to the foregoing notice, failed to appear for his deposition on September 26 th. (Declaration of Evgenia Jansen in Support of Motion to Compel Deposition (“Jansen Decl.”), ¶ 2, Exhibit 1.) The notice was served on Septemand included requests for production of documents. Plaintiff filed the amended form complaint on March 8, 2018, which was answered by Defendant on October 9, 2018.ĭefendant noticed Plaintiff’s deposition for September 26, 2019, at its office in San Francisco. This is an action for assault and battery and civil rights violations arising out of Plaintiff’s arrest at a Macy’s store for suspected shoplifting in December 2015. (erroneously sued as Macy’s & Unknown Loss Prevention) (“Defendant”) moves to compel plaintiff Genaro Famarin (“Plaintiff”) to appear for his deposition.

Macy’s & Unknown Loss Preventionĭefendant Macy’s West Stores, Inc.