Judge Daniel M. Crowley, Case Number: 23STCV15848, Date: 2024-11-13 Tentative Ruling

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Plaintiff Grigor Pogosyan’s unopposed motion to compel the deposition of Defendant General Motors, LLC’s person(s) most knowledgeable is granted. Defendant is to produce its PMK for deposition within 20 days of this ruling.

Plaintiff Grigor Pogosyan (“Pogosyan”) (“Plaintiff”) moves unopposed to compel the deposition of Defendant General Motors, LLC’s (“GM”) (“Defendant”) Person(s) Most Knowledgeable (“PMK”). (Notice of Motion, pg. 1; C.C.P. §2025.450(a).)

Having reviewed Plaintiff’s Motion to Compel the Deposition of Defendant’s PMK, the Court rules as follows:

On July 7, 2023, Plaintiff filed his operative Complaint against Defendant alleging three causes of action: (1) breach of implied warranty; (2) breach of express warranty; and (3) violation of the Song Beverly Consumer Warranty Act (“Song-Beverly”). (See Complaint.)

On May 28, 2024, Plaintiff served a Notice of Deposition of Defendant’s PMK, with the deposition to take place on June 20, 2024. (Decl. of Korn ¶5, Exh. A.) On June 12, 2024, Defendant served a list of objections to the Notice of Deposition. (Decl. of Korn ¶5, Exh. B.) Therefore, the deposition did not proceed.

On July 16, 2024, Plaintiff scheduled the deposition of Defendant’s PMK for August 8, 2024. (Decl. of Korn ¶7, Exh. D.) On July 30, 2024, Defendant served a list of objections to the Notice of Deposition. (Decl. of Korn ¶7, Exh. E.)

On August 8, 2024, despite timely noticing the deposition of Defendant’s PMK, and Plaintiff was forced to take a Certificate of Non-Appearance. (Decl. of Korn ¶8, Exh. F.)

On September 4, 2024, Plaintiff filed the instant motion. As of the date of this hearing no opposition has been filed.

The Court grants Plaintiff’s motion pursuant to C.C.P. §2025.450 and orders Defendant’s PMK to appear for deposition within 20 days. Plaintiff has demonstrated good cause to order Defendant to produce a PMK witness.

Plaintiff’s unopposed motion to compel the deposition of Defendant’s PMK is granted. Defendant is to produce its PMK for deposition within 20 days of this ruling.

Hon. Daniel M. Crowley

Judge of the Superior Court