Judge: Kenneth J. Medel, Case: 37-2022-00017433-CU-PO-CTL, Date: 2024-04-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00017433-CU-PO-CTL GONZALES VS WALMART INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/08/2024

Plaintiff's Motion to Compel Further Deposition Testimony and Production of Documents is DENIED.

The motion is untimely. The motion to compel must be 'made no later than 60 days after the completion of the record of the deposition.' CCP section 2025.480(b). Here, Plaintiff took the deposition of Defendant's PMK on October 24, 2023. Motion to Compel Further Deposition was filed on February 7, 2024.

Further, plaintiff has not complied with CRC 3.1345 in providing a Separate Statement as to documents that were not produced or questions that were not answered at the October deposition.

Evaluating the merits, plaintiff has not provided good cause for the discovery. Nowhere in the Motion does Plaintiff expressly state what information she would seek from Mr. Villa that she was unable to obtain in his deposition on October 24, 2023. Plaintiff provides one example from the deposition regarding additional documents. Plaintiff claims that during questioning of Mr. Villa, he admitted to not having possession of the lease between Walmart and Regal Nails. See Pltf's Mtn, pgs. 8-9. Walmart responds that Plaintiff's deposition notice did not list a category for a person most knowledgeable regarding the lease or a request for production regarding the subject lease. See Pltf's Ex. 'A.' Further, Plaintiff has been in possession of said lease since January 5, 2023.

All requests for sanctions are DENIED.

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