Judge: Kevin C. Brazile, Case: 21STCV46584, Date: 2023-05-15 Tentative Ruling

Hearing Date: May 15, 2023

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

Case No.: 21STCV01295

Matter: Motion for Protective Order

Moving Party: Plaintiff Alberto Larios

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

Notice: OK

Ruling: The Motion is denied without prejudice.

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 matter.  Plaintiff Alberto Larios seeks a protective order requiring that the PMK deposition of Defendant Toyota Motor Sales, U.S.A., Inc. take place in-person and that defense counsel not coach the witness.  Plaintiff’s counsel indicates that she suspended Defendant’s deposition because she saw that Defendant’s microphone had been muted while a question was pending.  Plaintiff believes this was improper coaching.  Plaintiff states that defense counsel did the same thing in a deposition for another lawsuit.  

Defense counsel denies that he muted the microphone and insists that any muting was inadvertent.  Defense counsel contends that the subject deposition should have continued with Plaintiff's concern noted on the record, which was the case for the other lawsuit Plaintiff mentions. 

Good cause must be shown for the protective order, and the issuance and formulation of the protective order are within the Court’s discretion.  (See, e.g., Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 106-7; Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 588.)

The Court, in the exercise of its discretion, will require that the deposition be completed within thirty days.  It will again be a remote deposition.  Defense counsel is not to use any muting feature.  Any objections or concerns are to be stated on the record.  Plaintiff can renew this Motion if there are further instances of muting.  The Motion is denied without prejudice.   

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.