Motion to Compel Defendant to Answer Questions at his Deposition and for Production of Documents
2025CUBC038608: B & S PLASTICS, INC. vs NELSON RIVERA, et al. 05/18/2026 in Department 21 Motion to Compel Defendant to Answer Questions at his Deposition and for Production of Documents
Tentative Rulings. Parties and counsel appearing for oral argument should address the tentative decision. Parties may submit on the tentative decision by email, with a copy to all other parties in the matter, to courtroom21@ventura.courts.ca.gov before 8:00 a.m. on the day set for the hearing, with a subject line that includes SUBMISSION ON TENTATIVE, Case Number, Title and Party. If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative ruling is subject to change. The clerk cannot advise if you should still appear or not. The decision of whether to appear for a hearing is to be made by the parties and their counsel. (Dept. 21 Rules & Procedures, p. 4, § II.I.)
The following is a statement of the Courts tentative ruling. The Court may adopt, modify or reject the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
Motion: Motion by Plaintiff B & S Plastics, Inc. (Plaintiff) to compel Rivera to answer questions at deposition, for production of documents, and for $5,967.50 in monetary sanctions against Rivera and his (now former) counsel, Adam T. Carralejo (unopposed).
Tentative Ruling: Plaintiffs motion to compel Defendant to answer questions at his deposition and produce documents responsive to the deposition notice without objection is GRANTED.
Defendant is ordered to appear for deposition within 30 days, at a location that complies with the protective order. The parties are ordered to meet and confer to select a location.
Plaintiffs request for monetary sanctions against Defendant and/or defense counsel is GRANTED IN PART in the amount of $2,060.
Counsel for Plaintiff is to give notice within two (2) court days.
Grounds:
Plaintiffs Motion to Compel: Pursuant to CCP sections 2025.450 and 2025.480, Plaintiff moves to compel Rivera to answer deposition questions and for $5,967.50 in monetary sanctions against Defendant and his attorney, Mr. Carralejo, on the grounds that Defendant improperly refused to answer questions and failed to produce responsive documents.
Discussion:
I. Motion to Compel
2025CUBC038608: B & S PLASTICS, INC. vs NELSON RIVERA, et al.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
To begin, to the extent Plaintiff requests an order compelling Defendant to appear for deposition at a location that exceeds the scope authorized in the protective order, the motion is denied. If a deposition is ordered, then the parties will be directed to meet and confer to select a location that complies with the protective order.
With that in mind, the Court turns to the merits of the motion.
Plaintiff has shown that counsel attempted to meet and confer before filing the motion.
In the separate statement, Plaintiff persuasively argues that good cause exists with respect to each category of documents in the deposition notice.
Defendant has not filed an opposition to justify any objection.
Therefore, Plaintiffs motion to compel Defendant to answer questions at his deposition and produce documents responsive to the deposition notice without objection is GRANTED.
Defendant is ordered to appear for deposition within 30 days, at a location that complies with the protective order. The parties are ordered to meet and confer to select a location.
II. Request for Monetary Sanctions
If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (CCP, § 2025.450, subd. (g)(1).)
Sanctions may be awarded even if the motion is unopposed. (Cal. Rules of Court, rule 3.1348.)
The Court finds reasonable attorney fees for this straightforward discovery motion to be $2,000. The Court also awards the $60 filing fee.
In sum, Plaintiffs request for monetary sanctions against Defendant and/or defense counsel is GRANTED IN PART in the amount of $2,060.
2