Judge: Glenn R. Salter, Case: 21-1218685, Date: 2022-08-18 Tentative Ruling

The plaintiff filed a motion to compel the oral deposition of the PMQ of defendant American Honda Motor Co., and to compel the production of documents.  The motion also seeks $4,560 in monetary sanctions.

In its opposition, the defendant states that it is not refusing to produce the PMQ.  One of its PMQ’s is unavailable, and the pandemic has caused a backlog in PMQ depositions.  It filed a second, separate opposition supporting its objections to the request for production of documents.

In reply, the plaintiff focuses on its request for monetary sanctions.  It argues the motion would have been unnecessary if the defendant had only told counsel what the problem was.  It does not address the argument as to the objections to document production.

This is a standard, run-of-the-mill, nothing-unusual-about-it Lemon Law case (according to the defendant).  And the plaintiff does not suggest otherwise.  What is clear, though, is that each side is litigating in a vacuum.

On the court’s own motion, and for good cause, the motion to compel an oral deposition of the PMQ is CONTINUED to September 1, 2022, at 1:30 pm.

No later than August 25, 2022, the parties shall submit a JOINT STATEMENT that includes the name of the PMQ to be deposed, the date and time for the deposition, and any outstanding and unresolved objections to the request for production of documents.

The JOINT STATEMENT shall also include the date, time, and place for the vehicle inspection.  Such inspection shall be held no later than September 30, 2022.  Counsel are reminded that a prompt vehicle inspection was a part of the Case Management Order but it appears neither side has even attempted to comply.  Failure to comply with this order may result in the imposition of monetary sanctions against counsel made payable to the court.

If the parties resolve the issues raised prior to the hearing they shall so advise the court as soon as possible.

On the court’s own motion, a Status Conference is scheduled for October 13, 2022, at 8:30 am.  The purpose of this conference is to ensure the vehicle inspection has occurred as ordered.  Counsel are ORDERED to appear.

The moving party shall give notice.