Judge: David A. Hoffer, Case: 30-2022-01279178, Date: 2023-08-28 Tentative Ruling

Before the Court at present is the Motion to Compel the Deposition of Defendant General Motors, LLC’s Person(s) Most Knowledgeable, with Production of Documents, filed by Plaintiff Angel Millington on 5/1/23.

On 10/19/22, this Court entered the Case Management Conference Order for Song-Beverly Litigation (here, the “CMO”).  (ROA 13). The CMO states specific requirements for discovery in this case. Among them, Section 4 specifically limits PMK deposition notices to “up to 10 categories of information, plus a deposition of the PMK as to why the subject vehicle was not repurchased.” In addition, Section 2 requires both sides to produce certain documents, and otherwise permits requests for documents only “by stipulation and/or court order (via motion upon showing of good cause).”  

Here, the Notice at issue seeks a PMK on 19 categories, and includes a document request for 15 categories of documents. Plaintiff served the Notice at issue on 10/18/22 – just before the CMO was entered. But once the CMO was entered, that Notice needed to be modified to comply, and the document requests needed to either be omitted or addressed in a motion seeking leave to include them.  Despite the plain terms of the CMO, Plaintiff failed to do.

Plaintiff has also failed to even address the effect of the CMO on his  claims here, despite this Court’s 6/5/23 and 6/26/23 rulings based on that same CMO. 

The Motion is therefore DENIED, without prejudice to any future motion based on a Notice that complies with the CMO.

Counsel for Plaintiff is ordered to give notice of this ruling.