Judge: Lee W. Tsao, Case: 22NWCV00075, Date: 2023-04-04 Tentative Ruling

Case Number: 22NWCV00075    Hearing Date: April 4, 2023    Dept: C

REYNOSO v. FCA US LLC, et al.

CASE NO.:  22NWCV00075

HEARING:  4/4/23 @ 10:30 AM

#4

TENTATIVE RULING

Plaintiff Reynoso’s motion to compel designation of individuals to appear, appearance at deposition, and production of documents is DENIED.

Opposing Party to give NOTICE.

Plaintiff Reynoso moves to compel the PMQ deposition of Defendant FCA US LLC pursuant to CCP § 2025.450. 

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.  (CCP § 2025.450(a).)

On January 16, 2023, Reynoso’s counsel sent an email to FCA’s counsel requesting dates for FCA’s deposition. (Hutchens Decl., ¶ 3.) FCA’s counsel never responded to the request.  (Hutchens Decl., ¶ 3.)  On January 20, 2023, Reynoso’s counsel again sent an email to FCA’s counsel requesting dates for FCA’s deposition, requesting a response by January 25, 2023 or Plaintiff would select a  date. (Hutchens Decl., ¶ 4.) FCA’s counsel never responded to the request. (Hutchens Decl., ¶
4.)

In opposition, Defendant submits evidence that it has already complied with most of the requests.  FCA’s document production was sent to Plaintiff’s counsel on September 28, 2022, and downloaded by Plaintiff’s counsel on January 4, 2023.  (Hanson Decl., ¶ 6.)  Further, on February 28, 2023 FCA offered March 16, 2023 for FCA US’s PMQ deposition.  A week later, on March 7, 2023, Plaintiff’s counsel informed defense counsel that this date did not work with his calendar. (Id., ¶ 4, Ex. A.)  On March 29, 2023, FCA offered March 31, 2023 for its PMQ deposition.  (Id., ¶ 4, Ex. B.)  

As such, there is no discovery dispute because FCA is attempting to schedule its PMQ deposition, and has produced documents.

Accordingly, the motion is DENIED.