30-13-640924

Motion to Compel Further Responses to Deposition Questions

Plaintiff REINA MARTINEZ moves to compel deponent Kevin Weissman, former Director of Human Resources at Defendant TACO BELL CORP., to provide further responses to deposition questions.

The court DENIES Plaintiff’s motion and DENIES her request for $4,500 in monetary sanctions, on two procedural grounds.

First, Plaintiff’s notice of motion is defective because it fails to cite the Code of Civil Procedure section that governs this motion. Second, Plaintiff’s separate statement filed on 4/8/14 was defective because it failed to properly cite verbatim the text of the relevant questions, answers, and objections. (CRC 3.1345 (a)(4), (c).)

Plaintiff tried to cure this second defect by filing a “corrected” separate statement on 4/22/14. But this was procedurally improper because it did not provide Defendant with sufficient notice prior to the 5/2/14 hearing date. (CCP 1005 (b) [the proper notice period is 16 court days, plus 5 calendar days for mail service].)

The court GRANTS Defendant’s request for an award of monetary sanctions. Plaintiff REINA MARTINEZ and her attorney TAMARA FREEZE shall be jointly and severally liable. Within 30 calendar days after the clerk’s service of the minute order, Plaintiff and her attorney shall pay $2,640 to Defendant Taco Bell, through Defendant’s counsel of record. (CCP 2025.480 (j); 2023.010 (h).)