Judge: Thomas D. Long, Case: 20STCV06887, Date: 2023-08-11 Tentative Ruling

Case Number: 20STCV06887    Hearing Date: March 12, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 14, 2023, Plaintiff Clarence Harrell served a Deposition Notice of Varoojan Avedian and Requests for Production of Documents (“RFPs”) on Defendant City of Pasadena.  (Anglin Decl. ¶ 3.)  Defendant asserted objection-only responses on November 30, 2023.  (Anglin Decl. ¶ 4.)  After attempting to meet and confer, Plaintiff filed a motion to compel further responses to the RFPs on February 13, 2024.

If a deponent fails to produce any document that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that production.  (Code Civ. Proc., § 2025.480, subd. (a).)  “This motion shall be made no later than 60 days after the completion of the record of the deposition.”  (Code Civ. Proc., § 2025.480, subd. (b).)

Plaintiff asserts that he “received the transcript of the deposition on December 15, 2023, making this motion timely.”  (Motion at p. 2.)  However, Plaintiff is not seeking to compel further answers to questions at the deposition, for which the transcript would be required.  For the production of documents at deposition, “the 60-day period during which a motion to compel must be filed, begins to run when the deponent serves objections on the party.  At the time the objections are served, the record of deposition is complete.”  (Rutledge v. Hewlett-Packard Co. (2015) 238 Cal.App.4th 1164, 1192; see Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 136 (Unzipped) [“The record was complete as of the date set for the production, December 7, 2005, when Unzipped received the objections.  Unzipped had 60 days thereafter, until February 6, 2006, to file a motion to compel.  It waited until March 1, 2006, which rendered the motion untimely.”].)  The 60-day deadline is mandatory.  (Unzipped, supra, 156 Cal.App.4th at p. 136.)

Here, the record was complete as of November 30, 2023, when Defendant provided objections to the RFPs.  Accordingly, Plaintiff’s motion was due by January 29, 2024.  Plaintiff did not file this motion until February 13, 2024—15 days after the deadline.  Plaintiff’s motion is untimely.

The motion to compel further responses is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of March 2024