Judge: Kevin C. Brazile, Case: 20STCV36549, Date: 2023-01-30 Tentative Ruling

Hearing Date: January 30, 2023

Case Name: Alaniz, et al. v. Austra Motors, Inc., et al.

Case No.: 19STCV29589

Matter: Motion to Compel and for Sanctions

Moving Party: Plaintiffs David and Rosalie Alaniz

Responding Party: Unopposed

Notice: OK

Ruling: The Motion to Compel is granted.  The Court awards monetary 

sanctions. 

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an action in which Plaintiffs David and Rosalie Alaniz allege they were sold a defective vehicle, which had structural damage from a prior accident.  Plaintiffs now seek to compel the deposition of Said Garcia, an employee of Defendant Austra Motors, Inc.  They also seek to preclude his testimony at trial because Plaintiffs have noticed his deposition three times to no avail and it would be unfair to allow him to appear at the February 6, 2023, trial when Plaintiffs will not be able to do follow-up discovery.  Plaintiffs also request $1,480.50 in monetary sanctions.

Defendant Austra Motors, Inc. did not file an opposition.

As Said Garcia has not appeared for his noticed deposition, the Motion to Compel is granted.  Said Garcia is to appear for a deposition within fifteen days.  A brief trial continuance will be discussed.

The Court also grants the requested monetary sanctions in the amount of $1,480.50 against Defendant and its counsel.  

At the moment, the Court is not inclined to enter an evidentiary sanction as the need for follow-up discovery is somewhat speculative.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.