Judge: Daniel M. Crowley, Case: 22STCV02837, Date: 2023-05-24 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by Court Call for all matters.

Case Number: 22STCV02837    Hearing Date: May 24, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff’s unopposed motion to compel Defendant General Motors LLC’s compliance with this Court’s December 13, 2022, Discovery Order is granted. 

Defendant is ordered to produce its PMK for deposition within 15 days.

Plaintiff’s motion for sanctions is granted in the reduced amount of $1,860.00 against Defendant and its counsel of record, Erskine Law Group.  Sanctions are payable within 30 days.

          Plaintiff Cesar Cerero Zarate (“Zarate”) (“Plaintiff”) moves unopposed to compel Defendant General Motors LLC (“GM”) (“Defendant”) to comply with this Court’s December 13, 2022, Discovery Order.  (Notice of Motion, pg. 2; C.C.P §2031.320.)  Plaintiff also moves for monetary sanctions of $2,760.00 against Defendant and its counsel of record, Erskine Law Group, for willful and intentional failure to comply with the relevant code section(s) of the Discovery Act and gross abuses of the discovery process.  (Notice of Motion, pg. 2; C.C.P. §§2031.310, 2023.030, 2023.010.)

Having reviewed Plaintiff’s unopposed Motion to Compel Compliance with this Court’s December 13, 2022, Discovery Order, the Court rules as follows.

          On December 13, 2022, this Court ordered Defendant to produce its Person Most Qualified (“PMK”) for deposition within 60 days.  (12/13/22 Ruling.)  To date, Defendant has failed to produce or make available its PMK in compliance with this Court’s December 13, 2022, Order.  (Decl. of Thomas ¶8.)  Plaintiff now moves to compel compliance. 

          The Court grants the motion pursuant to C.C.P. §2031.320 and orders Defendant to produce its PMK for deposition in compliance with this Court’s December 13, 2022, Ruling and the Civil Discovery Act.  Defendant is to produce its PMK within 15 days of this order.

Plaintiff requests monetary sanctions totaling $2,670.00 against Defendant and its counsel of record. The Court awards sanctions pursuant to C.C.P. §2023.010(g) in the amount of $1,860.00, calculated as follows:

 ($450.00 x 4 hours) + $60.00 filing fee = $1,860.00

Sanctions are payable within 30 days.

Moving Party is to give notice of this ruling.

Dated:  May _____, 2023

Hon. Daniel M. Crowley

Judge of the Superior Court