2013-00149632-CU-MM

John Cazanis vs. SLHCC Inc

Nature of Proceeding:  Motion for Additional Time to Depose Georgeta Negoi

Filed By: Jamieson, David M.

Plaintiff John Cazanis’ motion for additional time to depose Defendant Georgeta Negoi
(CCP §2025.290) is GRANTED.

Ms. Negoi is Defendant S.L.H.C.C.’s dba Saylor Lane’s Director of Nurses during
Plaintiff John Cazanis’ residency at Saylor Lane.

CCP §2025.290 provides, “except as provided in subdivision (b), or by any court order,
including a case management order, a deposition examination of the witness by all
counsel, other than the witness’ counsel of record, shall be limited to seven hours of
total testimony. The court shall allow additional time, beyond any limits imposed by this
section, if needed to fairly examine the deponent or if the deponent, another person, or
any other circumstance impedes or delays the examination.” (CCP §2025.290.)

Plaintiff seeks an order granting Plaintiff four additional hours to complete Ms. Negoi’s
deposition.  Plaintiff argues that the additional four hours is needed because: (1) Ms.
Negoi’s native language is Romanian, which prolonged the questions and responses,
and (2) after Ms. Negoi’s deposition, Plaintiff learned that Ms. Negoi also acted as
Administrator of Saylor Lane when Defendant Bryan Boehrer was not present at
Saylor Lane.

The Court disagrees with Defendant that the motion is premature because Plaintiff has
not yet exhausted the initial seven hours.  CCP section 2025.290 appears to
contemplate an order granting an extension of time prior to the completion of
deposition.

The Court finds that Plaintiff has demonstrated a need for an additional four hours.
Thus, the motion is GRANTED.
The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.

The notice of motion does not provide notice of the Court’s tentative ruling system, as
required by Local Rule 1.06(A).  Plaintiff’s counsel is directed to contact Defendant’s
counsel forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative
ruling procedure.  If Plaintiff’s counsel is unable to contact Defendant’s counsel prior to
hearing, Plaintiff’s counsel shall be available at the hearing, in person or by telephone,
in the event opposing party appears without following the procedures set forth in Local
Rule 1.06(A).

The court notes that moving party has indicated the incorrect address in its notice of
motion.  The correct address for Department 54 of the Sacramento County Superior
th
Court is 800 9   Street, Sacramento California  95814.  Moving party shall notify
responding party(ies) immediately.