Judge: Andrew E. Cooper, Case: 22CHCV01502, Date: 2024-01-09 Tentative Ruling

Case Number: 22CHCV01502    Hearing Date: January 9, 2024    Dept: F51

MOTION TO COMPEL DEPOSITION

Motion filed: 8/24/23

MOVING PARTY: Plaintiff Jairo Hernandez (“Plaintiff”) 

RESPONDING PARTY: Defendant Hyundai Motor America (“Defendant”) 

NOTICE: ok¿¿ 

RELIEF REQUESTED: An order compelling the Person(s) Most Knowledgeable (“PMK”) and Custodian of Records for Defendant to appear in person to be deposed. Plaintiff also requests monetary sanctions to be imposed against Defendant and its counsel in the amount of $1,641.75.

TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to produce its Person(s) Most Knowledgeable and Custodian of Records to be deposed, and to produce the documents specified in the deposition notice, on or before 2/8/23. The Court imposes $591.75 in monetary sanctions against Defendant.

BACKGROUND

On 8/24/23, Plaintiff filed the instant motion to compel the deposition of the Defendant’s PMK and Custodian of Records. No opposition has been filed to date.

ANALYSIS

A party may, upon proper written notice, obtain discovery by taking the oral deposition of any natural person, organization, partnership, association, or governmental agency. (Code Civ. Proc. §§ 2025.010, 2025.220.) A party deponent can be required to attend a deposition by service of a deposition notice on the party's attorney. (Code Civ. Proc. § 2025.280, subd. (a).)

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, … without having served a valid objection …, fails to appear for examination, … the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.” (Code Civ. Proc. § 2025.450, subd. (a).)

1.      Meet and Confer

Here, Plaintiff’s counsel declares that on 5/16/23, 6/14/23, he emailed Defendant’s counsel inquiring about the nonappearance and potential future dates for the deposition. (Urner Decl. ¶ 5.) Accordingly, the Court finds that counsel has satisfied the meet-and-confer requirement under Code of Civil Procedure section 2025.450, subdivision (b)(2).)

2.      Good Cause

The Court finds that the testimony and documents sought are relevant to Plaintiff’s claims that Defendant “willfully” violated the Song-Beverly Act, thereby subjecting it to civil penalties. (Civ. Code § 1794, subd. (c).) The Court further notes that Defendant has failed to oppose the instant motion. Based on the foregoing, the Court orders the deposition of Defendant’s PMK to be taken, with production of the requested documents, on or before 2/8/23.

3.      Sanctions

In granting the instant unopposed motion, the Court finds it reasonable to award Plaintiff monetary sanctions against Defendant and/or its counsel in the amount of $591.75. 

CONCLUSION

The unopposed motion is granted. Defendant is ordered to produce its Person(s) Most Knowledgeable and Custodian of Records to be deposed, and to produce the documents specified in the deposition notice, on or before 2/8/23. The Court imposes $591.75 in monetary sanctions against Defendant.