Judge: Kevin C. Brazile, Case: 21STCV30464, Date: 2022-12-05 Tentative Ruling

Hearing Date: December 5, 2022

Case Name: Larios v. Toyota Motor Sales, U.S.A. Inc., et al.

Case No.: 21STCV01295

Matter: Motion to Compel PMK Deposition

Moving Party: Plaintiff Alberto Larios

Responding Party: Defendant Toyota Motor Sales, U.S.A., Inc.

Notice: OK

Ruling: The Motion to Compel is granted.

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 a lemon law action.  Plaintiff Alberto Larios seeks to compel the deposition of Defendant Toyota Motor Sales, U.S.A., Inc.’s PMK.  

Defendant contends, “the instant motion was unnecessary when brought because the parties agreed to set the TMS PMK deposition after mediation, but before the mediation occurred, plaintiff filed this motion without an informal discovery conference as required by this department. Defense counsel has offered multiple dates for this deposition, and it is simply a matter of scheduling. This motion to compel should be denied.”  Defendant further contends that it can object up to the time of the deposition as to documents and that Plaintiff can subsequently file a motion to compel further responses after a meet-and-confer effort.

In Reply, Plaintiff contends that Defendant offered to produce its PMK (after the Motion was filed) on November 16, 2022, but canceled the day before without providing an alternative date or explanation.  Plaintiff, therefore, contends an order compelling the deposition before the January 6, 2023, discovery cutoff date is necessary.

Given the inability to arrange a deposition date, the Motion to Compel is granted.  The deposition is to take place before January 6, 2023.

Plaintiff requests $3,560 in sanctions, but the Court awards reduced sanctions in the amount of $1,060 (2 hours at $500 per hour, plus $60 in costs).  

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.