Judge: Holly J. Fujie, Case: 23STCV07831, Date: 2025-02-21 Tentative Ruling

Case Number: 23STCV07831    Hearing Date: February 21, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff Katharine Parker (“Plaintiff’)

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition has been filed.

BACKGROUND

             This is a lemon-law action. Plaintiff filed a complaint against defendant General Motors, LLC (“Defendant”) and Does 1 through 20, on April 10, 2023. The operative first amended complaint (the “FAC”) alleges causes of action for: (1) fraud – concealment; (2) negligent misrepresentation; (3) violation of Business and Professions Code section 17200; (4) breach of express warranty; (5) breach of implied warranty; and (6) violations of the Song-Beverly Act.

            On January 28, 2025, Plaintiff filed this motion to compel the deposition of Defendant’s person most knowledgeable (the “Motion”). On February 4, 2025, the Court granted Plaintiff’s ex parte application to advance the hearing on the Motion. No opposition to the Motion has been filed.

MEET AND CONFER

             The parties have satisfied the meet and confer requirement.

DISCUSSION

            If, [1] after service of a deposition notice, [2] a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Code of Civil Procedure (“CCP”) section 2025.230, [3] without having served a valid objection under section 2025.410, [4] fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, [5] 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. (CCP § 2025.450, subd. (a) [Arabic numerals added for clarity].) 

The motion shall also be accompanied by a meet and confer declaration under section 2016.040, or, when the deponent fails to attend the deposition […] by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP § 2025.450, subd. (b)(2).) 

            Plaintiff served Defendant with a deposition notice for Defendant’s person most knowledgeable (“PMK”) with request for production of documents on November 26, 2024. (Mizrahi Decl. ¶ 4, Ex. A.) Plaintiff set the deposition for December 12, 2024. (Mizrahi Decl. ¶ 4, Ex. A.) On December 5, 2024, Defendant responded to the notice with objections and indicated that it would produce Defendant’s PMK at a mutually agreeable time and place in response to categories 1 and 5-11. (Mizrahi Decl., Ex. B.) On December 9 and 20, 2024, Plaintiff sent Defendant meet and confer letters requesting alternate deposition dates. (Mizrahi Decl., Exs. C, D.)  Plaintiff asserts that to date, Defendant has failed to provide a deposition date for its PMK. (Mizrahi Decl., ¶ 8.)

            Plaintiff is entitled to depose Defendant’s PMK regarding the subject vehicle at issue in this case. Thus, the Motion is GRANTED. Defendant is ordered to produce its PMK for a deposition within 20 days of this order.

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 21st day of February 2025