Judge: Carolyn M. Caietti, Case: 37-2022-00009715-CU-PL-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Product Liability Discovery Hearing 37-2022-00009715-CU-PL-CTL GARCIA VS AMERICAN HONDA MOTOR CO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 04/05/2024

Defendants American Honda Motor Co., Inc. and Continental Automotive Systems, Inc.'s Joint Motion to Compel Deposition of Witness Jessica Marie Scott is OFF CALENDAR.

These defendants seek an order compelling witness Jessica Marie Scott to sit for a deposition. They claim she failed to appear at a deposition twice after being duly served and is now evading service.

First, there is a service issue. 'A written notice and all moving papers supporting a motion to compel an answer to a deposition ...from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.' (Cal. Rules of Ct., rule 3.1346.) Here, the proof of service does not show Ms. Scott was served with notice of this motion.

Second, there is a timing issue. A motion to compel deposition answers must be made within 60 days after the completion of the record of the deposition. (C.C.P., § 2025.480(b).) The nonparty discovery statutes establish a one-step process for a nonparty responding to a subpoena. (See, Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011, 1033.) Here, Defendants maintain they successfully served Ms. Scott to appear at a deposition on November 3, 2022, but she did not appear. (Declaration of Cristina Ciminelli, at ¶ 5.) There is no record of this deposition.

Defendants then maintain they personally served a timely deposition subpoena for a deposition on October 10, 2023. (Declaration of Vivian Rivera, at ¶ 7 & E. A.) Defendants took a notice of non-appearance of Ms. Scott's deposition on October 10, 2023. (Ciminelli Decl., at ¶ 12; Rivera Decl., at ¶ 10 & D.).) On that date, 'the subpoenaing party has all of the information it needs to meet and confer regarding the nonparty's compliance and, if unsatisfied, prepare a motion to compel.' (Board of Registered Nursing, supra.) This motion was not filed until April 5, 2024, and more than 60 days after the completion of the record.

For these reasons, the motion to compel Ms. Scott's deposition is OFF CALENDAR.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Defendant American Honda Motor Co. is ordered to serve written notice of the Court's final ruling on all appearing parties by June 18, 2024.

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