Judge: Theodore R. Howard, Case: 17-960159, Date: 2022-10-27 Tentative Ruling

The Motion by plaintiffs Michele Gonzales and Johnathan Gonzalez to compel a second deposition of defendant Robert Joseph, D.P.M., and request for sanctions is DENIED.

Defendant was deposed on August 20, 2019.  During his deposition, he refused to answer seven questions and asserted his 5th Amendment privilege against self-incrimination.  Plaintiffs files the instant motion seeking a deposition to obtain answers to the seven questions.  While plaintiffs cite to Code of Civil Procedure §2025.610 as the basis for their motion, this is really a motion to compel further answers which falls under Code of Civil Procedure §2025.480. 

Code of Civil Procedure §2025.480 requires that a motion be filed within 60 day after the deposition for which further answers are sought.  This motion is therefore untimely.  Further, the Court does not find good cause for granting a second deposition of the defendant as required under Code of Civil Procedure §2025.610(b).

Plaintiffs request for sanctions is DENIED.

Responding party to give notice.