Judge: Erick L. Larsh, Case: 2021-01220997, Date: 2023-01-04 Tentative Ruling

Plaintiff David Hwang’s Motion to Compel Deposition of Defendant James R. Glidewell Dental Ceramics, Inc.’s

Person(s) Most Knowledgeable (“PMK”) is granted in part. (See Code Civ. Proc. §§ 2025.450 & 2025.480.)

Based upon the representations of defendant’s counsel in its opposition, defendant is ordered to produce Ms. Sakai for deposition as defendant’s PMK on 01/24/23 and produce Mr. Glidewell for deposition as defendant’s PMK on 01/30/23. The depositions shall take place at the times and locations stated in the original deposition notice.

The depositions shall be subject to the protective order issued by the court on 09/28/22.

The motion is denied to the extent that it seeks to have the deponents produce records sought in the deposition notice.

A motion to compel production of records at a deposition requires a meet and confer declaration. (See Code Civ. Pro. §§ 2016.010 and 2025.480(b).) Plaintiff’s meet and confer correspondence fails to address the objections raised in defendant’s objections to the deposition. Objections to a deposition notice may be served as little as three days before the scheduled deposition. (See Code Civ. Proc. § 2025.410, subd. (a).)

As meet and confer is mandatory, the court denies the motion to the extent that it seeks an order requiring the deponents to produce records at the deposition.

The court finds that the imposition of sanctions would be unjust and declines to award either side sanctions on that basis.

Plaintiff is ordered to give notice.