Judge: Joel L. Lofton, Case: 23AHCV00850, Date: 2023-10-09 Tentative Ruling

Case Number: 23AHCV00850    Hearing Date: October 9, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      October 9, 2023                                              TRIAL DATE: No date set.

CASE:                         SHUNDE ROOFING INC. and YUAN ZHANG, an individual, v. BMW OF NORTH AMERICAN, LLC, a Delaware limited liability company, and DOES 1 through 10, inclusive.  

CASE NO.:                 23AHCV00850

MOTION TO COMPEL DEPOSITION

MOVING PARTY:               Plaintiffs Shunde Roofing Inc. and Yuan Zhang

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed August 11, 2023

RELIEF REQUESTED

             Plaintiffs move for an order compelling the deposition of Defendant’s person most knowledgeable.

BACKGROUND

             This case arises out of Plaintiffs Shunde Roofing Inc. and Yuan Zhang’s (“Plaintiffs”) lemon law claim for a 2022 BMW X7, Vehicle Identification Number 5UXCW2C05N9M18722 (“Subject Vehicle”). Plaintiffs filed their complaint on April 17, 2023, alleging three causes of action for (1) violation of Song-Beverly Act – Breach of Express Warranty, (2) violation of Song-Beverly – Breach of Implied Warranty, and (3) violation of the Song-Beverly Act section 1793.2(b).

TENTATIVE RULING

Plaintiffs’ motion to compel the deposition testimony of Defendant’s person most knowledge is GRANTED.

            Defendant is ordered to meet and confer with Plaintiff for a mutually agreeable date for the deposition.

LEGAL STANDARD

Code of Civil Procedure section 2025.450, subdivision (a), provides: “If, after service of a deposition notice, 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 Section 2025.230, without having served a valid objection under Section 2025.410, 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, 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.”

            Code of Civil Procedure section 2025.450 subdivision (b) requires that any motion under subdivision (a) set forth specific facts showing good cause and a meet and confer declaration or, when a deponent fails to attend the deposition, a declaration stating the moving party contacted the deponent to inquire about the nonappearance.

DISCUSSION

            Plaintiffs provide that they noticed the deposition of Defendant’s person most knowledge on June 14, 2023, with a deposition date of June 30, 2023. (Daghighian Decl. ¶ 8, Exhibit B.) Plaintiffs provide that Defendant did not serve any objections or other responses and did not produce any deponent or documents. (Id. ¶ 14.) Plaintiffs provide that they sent two meet and confer letters on July 9, 2023, and July 17, 2023, that Defendant did not respond to. (Id. ¶¶ 15-16.)

            Plaintiffs have served a notice of deposition that Defendant neither objected to nor complied with. Defendant has also not opposed the present motion. Plaintiffs’ motion to compel the deposition testimony of Defendant’s person most knowledge is granted.

CONCLUSION

Plaintiffs’ motion to compel the deposition testimony of Defendant’s person most knowledge is GRANTED.

            Defendant is ordered to meet and confer with Plaintiff for a mutually agreeable date for the deposition.

Dated:   October 9, 2023                                             ___________________________________

                                                                                    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.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org