Judge: Malcolm Mackey, Case: 21STCV03040, Date: 2022-10-17 Tentative Ruling

Case Number: 21STCV03040    Hearing Date: October 17, 2022    Dept: 55

HOWARD v. FORD MOTOR COMPANY                                              21STCV03040

Hearing Date:  10/17/22,  Dept. 55

#7:   

MOTION TO COMPEL INSPECTION OF PLAINTIFF’S VEHICLE AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,110.

MOTION TO COMPEL DEPOSITION OF PLAINTIFF AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,110.

Notice:  Okay

No Opposition

MP:  Defendant

RP:  

Summary

On 1/26/21, Plaintiff (self-represented after attorney withdrawal) filed a Lemon Law Complaint, alleging purchase of a used 2016 Ford Mustang having engine, electrical, and structural system, defects, and stating claims for:

1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS

WARRANTY.

2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED

WARRANTY.

3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2.

MP Positions

Moving party requests an order compelling an inspection of Plaintiff’s vehicle, and compelling Plaintiff’s deposition, plus awarding sanctions ($1,100 for each motion), on grounds including the following:

·         Plaintiff failed to produce the vehicle for the properly noticed vehicle inspection.

·         Plaintiff failed to appear for Plaintiff’s properly noticed deposition.

·         Plaintiff failed to meet and confer in good faith.

·

Tentative Ruling

Both unopposed motions are granted, as prayed.

A response must consist of:  1) an agreement to comply, stating whether the  inspection will be allowed “in whole or in part,” and that all things in the possession, custody or control of the respondent, as to which no objection is made, will be included, by the date set for inspection (unless informally extended in writing, or the designated timing is subject to objection);   2) a representation of inability to comply, with a specification of any person believed or known to have possession;  or, 3) objections and specification of withheld things.  CCP §§2031.210(a), 2031.220, 2031.270, 2031.280(b).    Compliance includes all things in the demanded category that are in the “‘possession, custody, or control’” of the responding party, such as from other corporations.  Roche v. Hyde (2020) 51 Cal.App.5th 757, 813  (quoting CCP  § 2031.220).

A motion lies to compel deposition attendance and document production, after service of a deposition notice, where a deponent fails to appear at, or proceed with, a deposition, without having served a valid objection.  CCP §2025.450(a).  No meet and confer is required to compel initial deposition attendance, but instead there must be a declaration showing that moving party inquired about the nonappearance.  CCP §2025.450(b)(2).  "Implicit in the requirement that counsel contact the deponent to inquire about the nonappearance is a requirement that counsel listen to the reasons offered and make a good faith attempt to resolve the issue," including by rescheduling.  Leko v. Cornerstone Bldg. Inspection Serv. (2001) 86 Cal. App. 4th 1109, 1124.