Judge: Gregory Keosian, Case: 21STCV46410, Date: 2024-03-29 Tentative Ruling

Case Number: 21STCV46410    Hearing Date: March 29, 2024    Dept: 61

Plaintiff Patricia Gagnon’s Motion to Compel Deposition of Defendant General Motors, LLC’s Person Most Knowledgeable is DENIED.

I.       MOTION TO COMPEL DEPOSITION

A party may make a motion compelling a witness’s deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).)

Plaintiff Patricia Gagnon seeks to compel the deposition of Defendant General Motors, LLC’s person most knowledgeable. Plaintiff served a deposition notice on January 31, 2024, to which Defendant supplied objections on February 14, 2024, stating that a deponent would be produced on a mutually agreeable date for certain of the categories at issue, but indicated that no witness would be produced for others. (Mirahi Decl. ¶ 5, Exh. B.) Plaintiff sent letters on February 21 and 29, 2024, asking for deposition dates, and Defendant responded on March 1, stating that it would provide dates on the narrowed band of categories identified in its deposition objections. (Mizrahi Decl. Exhs. C–E.) Plaintiff filed this motion on March 6, 2024.

The motion is defective for lack of meet-and-confer efforts, as required under Code of Civil Procedure § 2025.450, subd. (b)(2). Defendant did not refuse to provide dates of deposition, but rather offered to proceed on more limited categories of examination. Plaintiff’s correspondence did not address Defendant’s objections or proposed scope of examination, and was concerned only with dates.

The motion is therefore DENIED.