Judge: Daniel S. Murphy, Case: 24STCV07359, Date: 2025-06-04 Tentative Ruling

Case Number: 24STCV07359    Hearing Date: June 4, 2025    Dept: 32

BACKGROUND

            On March 25, 2024, Plaintiffs Pedro Reyes and Yare Villalobos filed this “lemon law” action against Defendant American Honda Motor Co., Inc., asserting violations of the Song-Beverly Act.

            On May 8, 2025, Defendant filed the instant motion to compel Plaintiffs’ depositions. Plaintiffs filed their opposition on May 22, 2025. Defendant filed its reply on May 29, 2025.

LEGAL STANDARD

“If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination . . . or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document … described in the deposition notice.” (Code Civ. Proc., § 2025.450(a).)

DISCUSSION

            After this motion was filed, Plaintiffs agreed to attend their depositions on June 3, 2025 and June 10, 2025. (Shippen-Murray Decl. ¶ 11.) Defendant expresses no objection to these dates. Therefore, the depositions shall proceed on these dates.

            Defendant maintains its request for sanctions. However, the Court finds that Plaintiffs acted with substantial justification. (See Shippen-Murray Decl. ¶¶ 6-9; State Bar of California Attorney Guidelines of Civility and Professionalism, § 9a(1) [depositions ordinarily take place in the order they are noticed].) Therefore, sanctions are unwarranted.

CONCLUSION

            Defendant’s motion to compel deposition is GRANTED. Plaintiffs shall appear remotely for their depositions on June 3, 2025 and June 10, 2025 at 9am. Sanctions are denied.