Let me clarify again. You do not have to wait until you get the deposition transcript, but you must file the motion within 60 days after the transcript becomes final.
If you don't wait for the deposition transcript, you have to file a declaration stating things like "I asked Mr. X 'Did you bring Document A with you.' Mr. X answered that he did not bring document A but does have it in his possession, custody and control." or "I asked Mr. X if he performed A,B,and C under the contract. Mr. X would not answer this question." You use the declaration in place of the deposition.
The rule controlling your motion to compel to force him to answer a question or if he did not bring a document is:
2025.480. (a) If a deponent fails to answer any question or to
produce any document or tangible thing under the deponent's control
that is specified in the deposition notice or a deposition subpoena,
the party seeking discovery may move the court for an order
compelling that answer or production.
(b) This motion shall be made no later than 60 days after the
completion of the record of the deposition, and shall be accompanied
by a meet and confer declaration under Section 2016.040.
(c) Notice of this motion shall be given to all parties and to the
deponent either orally at the examination, or by subsequent service
in writing. If the notice of the motion is given orally, the
deposition officer shall direct the deponent to attend a session of
the court at the time specified in the notice.
(d) Not less than five days prior to the hearing on this motion,
the moving party shall lodge with the court a certified copy of any
parts of the stenographic transcript of the deposition that are
relevant to the motion. If a deposition is recorded by audio or video
technology, the moving party is required to lodge a certified copy
of a transcript of any parts of the deposition that are relevant to
(e) If the court determines that the answer or production sought
is subject to discovery, it shall order that the answer be given or
the production be made on the resumption of the deposition.
(f) The court shall impose a monetary sanction under Chapter 7
(commencing with Section 2023.010) against any party, person, or
attorney who unsuccessfully makes or opposes a motion to compel an
answer or production, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
(g) If a deponent fails to obey an order entered under this
section, the failure may be considered a contempt of court. In
addition, if the disobedient deponent is a party to the action or an
officer, director, managing agent, or employee
of a party, the court
may make those orders that are just against the disobedient party, or
against the party with whom the disobedient deponent is affiliated,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Chapter 7 (commencing with Section
2023.010). In lieu of or in addition to this sanction, the court may
impose a monetary sanction under Chapter 7 (commencing with Section
2023.010) against that party deponent or against any party with whom
the deponent is affiliated.