Judge: Andrew E. Cooper, Case: 23CHCV00877, Date: 2025-01-23 Tentative Ruling

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Case Number: 23CHCV00877    Hearing Date: January 23, 2025    Dept: F51

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F-51

MOTION TO COMPEL DEPOSITION

Motion filed: 10/3/24                                                                                    JURY TRIAL: 2/3/25

MOVING PARTY: Plaintiff Brenda Lorraine Fisher (“Plaintiff”)

RESPONDING PARTY: Defendant General Motors LLC (“Defendant”)

NOTICE: ok¿¿ 

RELIEF REQUESTED: An order: (1) striking Defendant’s objections and compelling Defendant to produce its Person Most Knowledgeable (“PMK”) for all matters of examination requested in Plaintiff’s deposition notice; (2) striking Defendant’s objections and compelling Defendant to produce the documents requested in Plaintiff’s deposition notice; (3) compelling the production of GM’s PMK and documents within 10 calendar days; and (4) monetary sanctions against Defendant and its counsel in the amount of $4,582.00.

TENTATIVE RULING: The motion is denied as untimely.

BACKGROUND

Plaintiff brings this action against Defendant under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle she purchased on 9/4/21, and for which Defendant issued the manufacturer’s warranty. (Compl. ¶¶ 8–9.) On 3/28/23, Plaintiff filed her complaint, alleging against Defendant the following causes of action: (1) Violation of the Song-Beverly Act – Breach of Express Warranty; (2) Violation of the Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act Section 1793.2. On 5/2/23, Defendant filed its answer.

On 7/26/23, Plaintiff served a notice of deposition of Defendant’s PMK. (Ex. 2 to Decl. of Nicholas Yowarski.) On 8/18/23, Plaintiff served an amended notice of deposition of Defendant’s PMK. (Ex. 3 to Yowarski Decl.) On 7/30/24, Defendant served its objections to Plaintiff’s deposition notice. (Ex. 4 to Yowarski Decl.) Defendant failed to produce its PMK for the deposition. (Yowarski Decl. ¶ 18.)

On 10/3/24, Plaintiff filed the instant motion to compel the deposition of Defendant’s PMK and production of documents as noticed. On 1/10/25, Defendant filed and served its opposition. On 1/15/25, Plaintiff filed her reply.

ANALYSIS

“Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (Code Civ. Proc. § 2024.020.)

Here, the instant motion is being heard on 1/23/25, 11 days before jury trial of the instant action is set to commence. The Court notes that the parties failed to move to advance the instant hearing date in order for the motion to be heard within the 15-day cutoff. Based on the foregoing, the Court exercises its discretion to refuse to hear the instant motion. Accordingly, the motion is denied as untimely.

CONCLUSION

The motion is denied as untimely.

 ** Motion is placed off Calendar. **