Judge: Armen Tamzarian, Case: 22STCV08657, Date: 2023-04-18 Tentative Ruling
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Case Number: 22STCV08657 Hearing Date: April 18, 2023 Dept: 52
Plaintiff
Arnoldo Valencia moves to compel defendant General Motors LLC to comply with
this court’s order that it must produce its person most qualified for
deposition. After the deposing party
successfully moves to compel a deposition, if the “party or party-affiliated
deponent then fails to obey an order compelling attendance, testimony, and
production, the court may make those orders that are just, including” sanctions
under Chapter 7 of the Civil Discovery Act.
(CCP § 2025.450(h).)
On December 14, 2022, the court
ordered: “Defendant General Motors, LLC is ordered to propose three dates
between January 15, 2023, and February 6, 2023, for the deposition and said
dates shall be proposed on or before January 5, 2023. Plaintiff must choose one of the three options
defendant provides.” (Thomas Decl., Ex.
A, p. 2.)
Defendant did not obey that order. When plaintiff filed this motion on March 10,
2023, defendant had not yet offered any dates for the deposition. (Thomas Decl., ¶ 8.) Defendant later offered to produce its
person(s) most qualified for deposition on April 11. (Major Decl., ¶ 7.)
Defendant contends plaintiff is “using
discovery as a weapon to overwhelm and overburden GM.” (Opp., p. 2.)
The court disagrees. Plaintiff
reasonably sought the court’s intervention.
Defendant was ordered to propose dates for the deposition by January
5. Defendant still had not done so over
two months later. Even if GM was so
overwhelmed and overburdened that it could not comply by January 5, it offers
no justification for failing to offer any date for the deposition until after
plaintiff filed this motion.
Sanctions
Plaintiff moves for $2,385 in
sanctions against defendant General Motors LLC and its counsel, Erskine Law
Group, PC. Defendant did not act with
substantial justification. Sanctions are
just under the circumstances. Plaintiff
reasonably incurred these expenses.
Disposition
Plaintiff Arnoldo Valencia’s motion
to compel defendant General Motors LLC to comply with this court’s order and
request for monetary sanctions is granted.
Unless the parties have now agreed
to a date for the deposition, defendant General Motors LLC is ordered to propose three dates for the deposition no
later than May 1, 2023. The proposed
dates shall be no later than May 26, 2023.
Defendant General Motors LLC and defendant’s
counsel Erskine Law Group, PC are ordered to pay plaintiff Arnoldo
Valencia $2,385 in sanctions no later than May 1, 2023. Defendant General Motors and defendant’s
counsel Erskine Law Group, PC shall be jointly and severally liable for the
sanctions.