Judge: Deborah C. Servino, Case: 30-2021-01217860, Date: 2022-12-02 Tentative Ruling

Plaintiff Guadalupe Martinez’s motion to compel the deposition of Defendant American Honda Motor Co. Inc.’s person most qualified and to produce documents is granted.

Code of Civil Procedure section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code of Civil Procedure section 2025.410, fails to appear for deposition the party giving notice may move for an order compelling the deponent’s attendance and testimony at deposition.  The motion must be accompanied by a declaration under Code of Civil Procedure section 2016.040 stating that the moving party contacted the deponent to inquire about the nonappearance.  (Code Civ. Proc., § 2025.450, subd. (b)(2).)

Defendant failed to interpose a timely objection to the deposition notice.  (Code Civ. Proc., § 2025.410, subd. (a).)  Defendant does not oppose the deposition of its PMQ or the production request.  Defendant does not dispute that Plaintiff made efforts to meet and confer after Defendant’s witness did not appear at the deposition.

Defendant’s person most qualified is ordered to appear for his or her deposition and to produce documents within 10 days of the notice of ruling, unless Plaintiff agrees to a later date.

Monetary sanctions are awarded against defense counsel, Bowman and Brooke LLP.  Within 30 days of the notice of ruling, Bowman and Brooke, LLP shall pay $1,695 to Bickel Sannipoli APC. 

Plaintiff to give notice of the ruling.