Judge: Kevin C. Brazile, Case: 22STCV12841, Date: 2023-04-27 Tentative Ruling

Hearing Date: July 10, 2023

Case Name: Sarooei v. Mercedes-Benz USA, LLC, et al.

Case No.: 21STCV12243 

Matter: Motion to Compel 

Moving Party: Plaintiff Sassan Sarooei

Responding Party: Defendant Keyes-European, LLC

Notice: OK

Ruling: The Motion to Compel is granted in part.

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. 

Plaintiff Sassan Sarooei seeks to compel the deposition of Defendant Keyes-European, LLC’s PMK.  Plaintiff contends that Defendant has refused to provide a deposition date and has asserted baseless objections.

Defendant indicates that it has now provided dates for a deposition; however, Defendant apparently stands on its objections.

The Court will require that a PMK be produced for deposition categories 1-3, 5-12, and 14-18, which seek relevant information as to communications, warranties, repairs, and compliance with California law.

The Court will not require a PMK for categories 4 and 13, which, respectively, pertain to “Questions RELATING TO all service advisory notices, technical service bulletins, recalls, defect investigations, and other repair DOCUMENTS RELATING TO the SUBJECT VEHICLE” and “Questions RELATING TO the identity of the PERSONS responsible for ensuring that all prior damages and defects are disclosed to potential buyers in advance of sale.”  The Court finds these categories to be overbroad and overburdensome to the extent that they are not limited to the subject defects or the subject vehicle.

The Court will require that documents be produced for all requests, except requests 15, 21, and 22.  Request 15, which seeks contracts with dealerships, is irrelevant and not reasonably calculated to lead to admissible evidence.  Request 21 seeks deposition transcripts from other cases without justification.  Request 22 is overboard and overburdensome to the extent seeking communications policies without any limitations.  The remaining requests are appropriate as they relate to repairs, Song-Beverly Act compliance, and Defendant’s defenses.  The objections lack merit.

The Motion to Compel is granted in part as set forth above.  The PMK deposition is to take place within twenty days.

The Court awards reduced sanctions in the amount of $750. 

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.