Under CCP 2025.480(b), a motion to compel further answers or document production at a deposition must be made within 60 days of completion of the deposition transcript. CCP 1005.5 and 1010 combine to require that the notice of motion be accompanied by any papers on which the motion relies. Here, defendant moved to compel and for sanctions regarding a deposition. It served its notice of motion within the 60-day time limit, but not the memorandum of points and authorities, declaration, or other supporting papers. Held, the motion was untimely and thus the trial court lacked jurisdiction to award sanctions. This was also true even if the motion were treated as one for sanctions under CCP 2023.030 since 2023.040 requires the notice of motion for sanctions under that section to be accompanied by a memo and declaration setting out the number of sanctions sought.
California Court of Appeal, Second District, Division 1 (Chaney, J.); July 17, 2018; 2018 Cal. App. LEXIS 635