FATIMA BAROUDI ET AL VS. SF 434 LEAVENWORTH STREET ET AL

Matter on the Law & Motion / Discovery Calendar for Thursday, October 16, 2025, Line 5. 1- PLAINTIFF MEI LIU's Motion To Compel Deposition Of Lisa Kelley.

Plaintiff Mei Liu's motion to compel deposition of Lisa Kelly and for monetary sanctions is granted as to the motion to compel and denied as to monetary sanctions. Defendant Veritas Investments, Inc. must make Ms. Kelly available for deposition on a mutually agreeable date on or before October 24, 2025. Substantial justice and the objectives of civil discovery support allowing the deposition of Ms, Kelly.

All of the arguments why the motion to compel should be denied are rejected. Though the motion was served with insufficient notice, by opposing the motion on the merits Veritas waived the untimeliness of the motion. "[O]pposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion," particularly where, as here, the opposing party has not claimed, much less shown, any prejudice. (Carlton v. Quint (2000) 77 Cal. App. 4th 690, 697-698 (quoting an earlier case)).

Nor has Veritas claimed or shown any prejudice from the technical errors of failing to serve the subpoena (which was not required) attached to the first notice of deposition, providing insufficient notice in the amended notice, and stating two different dates in the amended notice. Because Veritas' opposition to the motion to compel did not lack substantial justification, the request for monetary sanctions is denied.

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