Judge: Donald F. Gaffney, Case: "Vazquez v. Nissan North America, Inc.", Date: 2022-08-17 Tentative Ruling

TENTATIVE RULING

Plaintiff Alberto Vazquez moves to compel the deposition of Defendant Nissan North America, Inc.’s (“Nissan”) Person or Persons Most Qualified (“PMQ”), with production of documents. For the following reasons, Plaintiff’s motion is GRANTED.

Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) The service of a deposition notice is effective to require any deponent who is a party to the action to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Code Civ. Proc., § 2025.280(a).) 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, electronically stored information, or tangible thing described in the deposition notice. (Code Civ. Proc., § 2025.450(a).)

Nissan has proposed September 20, 2022, at 9:00 a.m. PDT for the deposition. Plaintiff does not appear to oppose this date and time. Accordingly, Nissan’s PMQ shall appear for deposition on September 20, 2022, at 9:00 a.m. via Zoom or at a location agreed upon by the parties. The court notes that a Protective Order was entered on May 23, 2022 (ROA No. 31) and that the parties have come to an agreement regarding the document production. (Mandel Decl. ¶ 8; Thomas Decl. ¶ 5.)

Plaintiff’s request for sanctions is granted. Defendant Nissan North America, Inc. shall pay sanctions in the total amount of $1,000.00 to Plaintiff Alberto Vazquez within 30 days of service of notice of ruling. (Code Civ. Proc., §§ 2023.010(d), 2025.450(g)(1).) 

Moving party to give notice.