Judge: David A. Hoffer, Case: 30-2022-01266870, Date: 2023-08-07 Tentative Ruling

Plaintiff Dominic Guest’s (“Plaintiff”) unopposed Motion to Compel (“Motion”) the deposition of defendant FCS US, LLC’s (“Defendant”) Person Most Knowledgeable (“PMK”) is DENIED.

Pursuant to Civ. Proc. Code § 1005, a motion must be served at least 16-court days prior to the hearing.  Here, the Motion was never served on Defendant, which is likely why there is no opposition. 

First, the proof of service states the document being served is:

“NOTICE OF TAKING DEPOSITION OF GENERAL MOTORS, LLC’S PERSON MOST KNOWLEDGEABLE AND DEMAND FOR PRODUCTION OF DOCUMENTS” [Emphasis added.]

General Motors is not a defendant in this matter and the Motion is to compel FCA US, LLC’s PMK deposition.

Second, the Motion was served on:

Michael J. Gregg

Mark W. Skanes

Rose Waldorf LLP

100 Oceangate, Suite 300

Long Beach, California 90802

Counsel of record for Defendant in this matter is:

Erin E. Hanson, Esq.

CLARK HILL LLP

One America Plaza

600 West Broadway, Suite 500

San Diego, CA 92101

Finally, the proof service (“POS”) states the Motion was served via email, however the POS does not comply with the service by email requirements such as including the “TO” and “FROM” email addresses.  (Civ. Proc. Code § 1013b.)

As it appears the Motion was not properly served, Defendant had no notice of the Motion and therefore was not able to prepare an opposition.  Thus, the Motion is denied.

Plaintiff is ordered to give notice of this ruling.