Judge: John J. Kralik, Case: 23BBCV02059, Date: 2025-06-13 Tentative Ruling

Case Number: 23BBCV02059    Hearing Date: June 13, 2025    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Maricela Rangel (“Plaintiff”) allege that on February 19, 2022, Plaintiff entered into a warranty contact with Defendant Ford Motor Company (“FMC”) regarding a 2022 Ford Ranger vehicle.  Plaintiff alleges that the warranty contract contained various warranties, including but not limited to the bumper-to-bumper warranty, powertrain warranty, emission warranty, etc.  Plaintiff alleges that the defects and nonconformities to the warranty manifested themselves during the applicable warranty period, including but not limited to, transmission defects, infotainment defects, electrical defects, body defects, among other defects and non-conformities.  Plaintiff alleges that FMC failed to replace the vehicle or make restitution. 

The first amended complaint (“FAC”), filed January 4, 2024, alleges causes of action for: (1) violation of Civil Code, § 1793.2(D); (2) violation of Civil Code, § 1793.2(B); (3) violation of Civil Code, § 1793.2(A)(3); (4) breach of the implied warranty of merchantability (Civil Code, §§ 1791.1, 1794, and 1795.5); and (5) fraudulent inducement – concealment.     

B.     Motion on Calendar

On April 8, 2025, Defendant FMC filed a motion to compel the deposition of Plaintiff. 

On June 6, 2025, Plaintiff filed an untimely opposition brief. 

On June 9, 2025, FMC filed a reply brief.

DISCUSSION

            FMC moves to compel the deposition of Plaintiff.

            FMC states that on October 9, 2023, it noticed Plaintiff’s deposition for December 8, 2023, and Plaintiff served an objection on December 5, 2023 on the grounds that Plaintiff and her counsel were unavailable.  (Maggio Decl., Exs. A-B.)  On April 29, 2024, FMC served an amended deposition notice, scheduling the deposition for July 30, 2024 with a request for an alternate date by June 29, 2024.  (Id., Exs. C-D.)  On July 26, 2024, Plaintiff served an objection to the notice.  (Id., Ex. E.)  On April 3, 2025, FMC’s counsel sent a meet and confer email to Plaintiff’s counsel to find available dates for Plaintiff’s deposition and Plaintiff’s counsel responded that they would provide dates.  (Id., Ex. F.)  FMC argues that no dates have been provided, such that it was forced to file this motion. 

            Although Plaintiff served objections regarding the unilateral setting of the deposition dates and the unavailability of Plaintiff and/or counsel, Plaintiff does not object to the taking of her deposition.  In the opposition papers, Plaintiff states that the parties have agreed to take Plaintiff’s deposition on July 28, 2025.  (Opp. at 1:9-11; Smith Decl., ¶8, Ex. E.)   

            In the abundance of caution, the Court grants the motion to compel Plaintiff’s deposition so that the deposition goes forward on July 28, 2025. 

            FMC requests sanctions against Plaintiff and her attorney of record in the amount of $560 (= $500 in attorney’s fees and $60 in filing fees).  In opposition, Plaintiff argues that sanctions are not warranted because FMC did not meet and confer in good faith.  The Court will allow the sanctions as they are modest in sum and account for the efforts made by FMC’s counsel to send deposition notices, request alternate dates, and file this motion.  It was only after the motion was filed that Plaintiff was prompted to suggest deposition dates via email on June 6, 2025.  (Smith Decl., Ex. E.)  Thus, FMC’s request for sanctions is granted.  

CONCLUSION AND ORDER

            Defendant Ford Motor Company’s motion to compel Plaintiff’s deposition is granted.  The deposition shall be set for the mutually agreeable date of July 28, 2025.   

Plaintiff and her counsel of record, jointly and severally, are ordered to pay monetary sanctions in the amount of $560 to Defendant, by and through counsel, within 30 days of notice of this order.

Defendant shall give notice of this order.  

DATED: June 13, 2025                                                          ___________________________

                                                                                          Suzette Clover

                                                                                          Judge of the Superior Court