Judge: Joel L. Lofton, Case: 22AHCV00648, Date: 2024-05-08 Tentative Ruling

Case Number: 22AHCV00648    Hearing Date: May 8, 2024    Dept: X

Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      May 8, 2024                                        TRIAL DATE: August 27, 2024

CASE:                         CITLALI PACHECO-PLIEGO v. AMERICAN HONDA MOTOR COMPANY

CASE NO.:                 22AHCV00648 

MOTION TO COMPEL THE DEPOSITION OF DEFENDANT’S PMQ

MOVING PARTY:               Plaintiff Citlali Pacheco-Pliego

RESPONDING PARTY:      Defendant American Honda Motor Company, Inc.

SERVICE:                              Electronic service on March 11, 2024

RELIEF REQUESTED

             Plaintiff seeks to compel the deposition of Defendant’s Person Most Qualified (“PMQ”).

BACKGROUND

             This case arises out of Plaintiff’s purchase of an allegedly defective vehicle that was manufactured by Defendant.

TENTATIVE RULING

            Plaintiff’s motion to compel the deposition of Defendant’s PMQ is GRANTED.

DISCUSSION

Plaintiff seeks to compel the deposition of Defendant’s Person Most Qualified (“PMQ”).

If a party or an officer, director, managing agent, employee of a party, or person designated as the person most qualified to testify fails to appear for examination or produce documents without serving a valid objection, the demanding party may move to compel attendance, testimony, and production.  (Code Civ. Proc., § 2025.450, subd. (a).) The motion must be accompanied by a meet and confer declaration that states facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.  (Code Civ. Proc., §§ 2016.040, 2025.450, subd. (b)(2).)

Plaintiff served Notices of Deposition for Defendant’s PMQ on February 3, 2023 and January 8, 2024.  (Gonzalez Decl. ¶¶ 6, 11.)  Each time, Defendant objected that “Plaintiff’s counsel failed to meet and confer before unilaterally noticing this deposition.”  (Gonzalez Decl. ¶¶ 7, 12; id., Exs. 2, 5.)

Defendant contends that it is “not refusing to provide a corporate witness in this matter,” but “[i]t has been extremely difficult for Defendant AHM to match the recent surge in demand for depositions of persons most qualified.”  (Opposition at pp. 3-4.)  Defendant argues that “Plaintiff simply cannot file a lawsuit, make serious allegations, and then file unnecessary motions without making a true effort to meet and confer with Defendant AHM to set a mutually-agreeable date for such a deposition.”  (Id. at p. 4.)

Defendant’s objection is not a “valid objection under Section 2025.410.”  (See Code Civ. Proc., § 2025.450, subd. (a).)  Section 2025.410 requires a party to serve written objections to a deposition notice “that does not comply with Article 2 (commencing with Section 2025.210),” or else the party waives any error or irregularity.  (Code Civ. Proc., § 2025.410., subd. (a).)  Valid objections include, for example, defects in the notice, lack of particularity of the matters for deposition, and improper deposition location.  (See Code Civ. Proc., §§ 2025.210-2025.295.)  Valid objections do not include the date being unilaterally set or inconvenient for a busy PMQ witness.

Additionally, Plaintiff did make a good faith effort to meet and confer about the timing of the deposition.  Plaintiff’s counsel emailed or called Defendant’s counsel about alternate deposition dates on January 12, 2024; January 26, 2024; and February 13, 2024, but Defendant never responded.  (Gonzalez Decl. ¶¶ 13-16.; id., Exs. 6-8.)

            Defendant did not serve valid objections and did not produce its PMQ for a properly noticed deposition.  (See Code Civ. Proc., § 2025.450, subd. (a).)  Accordingly, Plaintiff’s motion to compel the deposition of Defendant’s PMQ is granted.

CONCLUSION

            Plaintiff’s motion to compel the deposition of Defendant’s PMQ is GRANTED.  Defendant is ordered to produce its PMQ within 30 days or any other date stipulated by the parties.

            Moving party to give notice.

Dated:   May 8, 2024                                      ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org