Legal Question in Civil Litigation in California

I have a daughter, a prior investment advisor, who was told after the fact that she and her husband were to appear for some deposition on 11/18/09. My daughter sent a letter by confirmed fax on 11/12/09 that she and her uninvolved husband (affavidit on file years ago with no advisory role of any kind) would be unavailable until the latter half of December 2009. Now the opposing attorney, on 01/13/2010 (2 months latter?) claims that will he file with the court a motion to compel with sanctions. Pursuant to Sections 372 and 372.1 , a motion to compel discovery naming as respondent the party refusing to comply. The motion to compel discovery shall be served upon respondent and filed within 15 days after respondent first evidenced a refusal or failure to comply with Sections 372 and 372.1, or within 30 days after the discovery request was made and respondent has failed to reply to the request.The motion shall comply with Section 371(a) and (b).

Is this proper? Also, the opposing party never answered my daughter's interogatories, first request of admission, first req of production of documents sent on Nov 12, 2009. Daughter send opposing counsel a letter on 12/15/2009 to respond by 1-02-2010, other a motion to compel will be filed. Letter received on 1-6-10 that opposing party will not answer any of my discovery. Thus, my daughter had this filed with Superior Court on 1-8-2010 with a hearing in Feb. with sanctions blocking any further discovery that Interrogatories (General & Specific), 1st Request for Admission and Production of Documents that she and her uninvolved husband address in May 2009 with no motion to compel filed in a timely fashion until now. Friend told me that questions the opposing party asked in 1st set of discovery can not repackaged in a deposition request, is that correct? I think my daugher is okay and the opposing party did not submit their motion to compel deposition in a timely manner, two months after my daughter clearly made it known she would be unavailable. Did the motion to compel eligibility duration expire with the opposing party on the intial set of discovery questions in May 2009 and requested deposition for Nov 18-19, 2009, that my daughter and husband made clear they would be unavailable for any requests until latter part of December 2009?

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