What is the test for a motion to compel under Section 2025 of the California Civil Code?

California, United States of America


The following excerpt is from Emerson Electric Co. v. Superior Court, 49 Cal.App.4th 931, 56 Cal.Rptr.2d 897 (Cal. App. 1996):

Subdivision (o) of section 2025 covers motions to compel: "If a deponent fails to answer any question ..., the party seeking discovery may move the court for an order compelling that answer.... If a deposition is recorded by ... videotape, the moving party is required to lodge a certified copy of a transcript of any parts of the deposition that are relevant to the motion. If the court determines that the answer ... sought is subject to discovery, it shall order the answer be given...." There is more, but none of it is relevant to this case.

II. Stermer v. Superior Court

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