Pursuant to CCP §2025.610, parties may only be deposed once; however, “for good cause shown, the court may grant leave to take a subsequent deposition.” Id. While there is no bright-line rule for what constitutes “good cause,” trial courts will reopen a deposition only “when it is necessary, the party seeking further discovery has been diligent, and there will be neither prejudice to the opponent nor impact on the scheduled trial date.” McCoy v. Gustafson (2009) 180 Cal.App.4th 56, 97.
Here, the requested second depositions are not necessary at this point and, further, Plaintiff has not been diligent. Plaintiff argues he cannot get the information he seeks from the second PMK deposition (to which defendants have already agreed) but Plaintiff has not yet taken that deposition and does not know what information is available, particularly as to the alleged changes in policy which may or may not have involved Defendants Anchondo and Maley. Plaintiff argues that he cannot get the information he seeks through interrogatories but he has not yet propounded any interrogatories.
Plaintiff’s motion is denied without prejudice to being renewed, if appropriate, after seeking less burdensome forms of discovery,in particular, the deposition of the PMK and/or interrogatories which might render the Anchondo and Maley depositions unnecessary.
Defendants to give notice.