Judge: Linda S. Marks, Case: 2021-01235248, Date: 2023-07-31 Tentative Ruling

Motion to Compel Deposition (Oral or Written) filed by Adriana A. Orozco on 3/22/23

Plaintiffs Adriana Angelica Orozco and Juan Rivera Sierra (“Plaintiffs”) move to compel the deposition of General Motors’ person most knowledgeable on 29 topics.

On reply, Plaintiffs clarify that they are not compelling Defendant to produce the documents requested notice of deposition. Therefore, the court will not address the requests for production that accompany the notice of deposition. As Defendant correctly points out, if Plaintiffs were seeking to compel production, a separate statement would be required pursuant to California Rules of Court, rule 3.1345(a). As California Rules of Court, rule 3.1345(a) states, “[a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement,” including a motion to “compel or to quash the production of documents or tangible things at a deposition.” (Cal. Rules of Court, rule 3.1345, subd. (a)(4).)

The parties appear to agree that Defendant’s person most knowledgeable should testify regarding categories 1, 2, 3, 4, 9, 14, 15, and 29. The court will not address these categories and Defendant is ordered to produce its person most knowledgeable as to these categories.

Tentative Ruling:  

The Motion is granted as to Categories 5, 6, and 20. Defendant put Category 20 at issue by its 18th Affirmative Defense.

The Motion is granted as to Categories 10, 11, 12, 13, 16, 17, 23, and 24 but limited to vehicles the same year, make and model of the subject vehicle.

The Motion is granted as to Category 27 but limited to discussion of any policy and/or procedure used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act, from the date of purchase to the present.

The Motion is denied as to Categories 7, 8, 18, 19, 21, 22, 25, 26, and 28 on the grounds that they are overbroad.

No sanctions are awarded.

Plaintiffs to give notice.