Judge: Anne Richardson, Case: 22STCV10441, Date: 2024-01-09 Tentative Ruling
DEPARTMENT 40 - JUDGE ANNE RICHARDSON - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call.
Case Number: 22STCV10441 Hearing Date: January 9, 2024 Dept: 40
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JOHN VILLANUEVA JR., an individual, Plaintiff, v. VOLKSWAGEN GROUP OF AMERICA, INC., a New Jersey Corporation, and
DOES 1 through 10, inclusive, Defendants. |
Case No.: 22STCV10441 Hearing Date: 1/9/24 Trial Date: 1/23/24 [TENTATIVE] RULING RE: Defendant
Volkswagen Group of America, Inc.’s Motion to Compel Plaintiff’s Deposition |
Plaintiff John Villanueva Jr. sues Defendants Volkswagen Group of
America, Inc. and Does 1 through 10 pursuant to a March 25, 2022 Complaint
alleging three Song-Beverly Consumer Warranty Act (lemon law) claims: breach of
express warranty; breach of implied warranty; and failure to commence repairs
within a reasonable time.
The claims arise from allegations that on July 10, 2021, Plaintiff leased
a new 2021 Volkswagen ID4 (Vehicle), that Volkswagen warranted the Vehicle and
agreed to preserve or maintain the utility or performance of Plaintiff’s
vehicle or to provide compensation if there was a failure in such utility or
performance, and that the Vehicle was delivered to Plaintiff with serious
defects and nonconformities to warranty and developed other serious defects and
nonconformities to warranty including, but not limited to, electrical and
suspension system defects, which Volkswagen’s authorized repair facilities were
not able to conform within a reasonable number of attempts.
On October 26, 2023, Defendant Volkswagen Group of America, Inc. filed a
motion to compel Plaintiff’s deposition within 15 days or on a date that the
Court otherwise deems appropriate. No opposition has been filed. A facially
valid proof of service was attached to the motion.
Volkswagen’s motion is now before
the Court.
Discovery Cut-Offs
Trial in this action is set for
January 23, 2024. The corresponding cutoffs for discovery and discovery
motions, therefore, were December 24, 2023 and January 8, 2024, respectively.
(Code Civ. Proc., § 2024.020, subd. (a).) The instant motion, however, is set
to be heard after the statutory cutoff for discovery and discovery
motions.
The Court cannot grant discovery
motions after the cutoff date unless the moving party has moved under Code of
Civil Procedure section 2024.050 to have the motions heard closer to the trial
date. (Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc.
(2008) 165 Cal.App.4th 1568, 1586-1587.) The Court’s discretion in allowing the
motions to be heard closer to the trial date than allowed by Code of Civil
Procedure section 2024.020 is bounded by the requirements of Code of Civil
Procedure section 2024.050, which include submission of a meet and confer
declaration and the trial court’s consideration of the statutory factors. (Ibid.)
Accordingly, the motion is DENIED.
Defendant Volkswagen Group of America, Inc.’s Motion to Compel Deposition is DENIED.