Judge: Matthew C. Braner, Case: 37-2022-00050912-CU-BC-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00050912-CU-BC-CTL RINEY VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Stanley Riney's motion to compel the deposition of Defendant General Motors LLC's person most qualified is GRANTED.

Plaintiff's counsel attests that Defendant was properly served with an initial deposition notice on January 25, 2023 for a PMQ deposition set for February 21, 2023, but Defendant did not appear and did not serve objections or otherwise provide notice to Plaintiff that a witness would not appear. Plaintiff thereafter attempted to meet and confer with Defendant on February 27, 2023 regarding the failure to appear via email and voicemail, and requested alternative deposition dates. Plaintiff did not receive a response, so he served an amended notice of deposition on March 1, 2023 that unilaterally set March 24, 2023 as the deposition date. Defendant again failed to appear, and again failed to serve objections or otherwise provide notice to Plaintiff that a witness would not appear. Having twice served proper deposition notices and twice received no response, objections, or action from Defendant, Plaintiff filed the instant motion on May 5, 2023, more than a month after the deposition date from the amended notice.

Defendant's claims regarding failure to meet and confer are belied by the evidence of meet and confer correspondence presented by Plaintiff. Moreover, Defendant has completely ignored the fact that it failed to respond to both the initial deposition notice and amended deposition notice. The court finds its present claims disingenuous; Plaintiff reasonably believed that a motion to compel had become necessary and made sufficient efforts to prevent a motion. Accordingly, Defendant is compelled to produce a witness to sit for a PMQ deposition.

As to the objections to the document requests and categories of examination, the court is inclined to allow the deposition to first proceed, and if any issues remain following the deposition (i.e., refusal to answer certain questions or failure to produce documents not already possessed by Plaintiff), they can be addressed at an IDC and if necessary, a new motion to compel.

Given Defendant's failure to engage in the meet and confer process in good faith, sanctions are appropriate. Plaintiff requests $3,210 in sanctions for 7 hours of work at a rate of $450/hour plus costs (presumably a $60 filing fee). Although the court agrees the rate is reasonable, the hours expended are not. Including the moving papers, the reply, and the hearing, the court believes a four-hour total is more appropriate, plus $60 for the filing fee, for a total of $1,860. Accordingly, Plaintiff's request for sanctions is granted in part, and will be against both Defendant and its counsel of record.

Defendant's PMQ is ordered to sit for deposition no later than February 16, 2024.

Calendar No.: Event ID:  TENTATIVE RULINGS

2970666  24 CASE NUMBER: CASE TITLE:  RINEY VS GENERAL MOTORS LLC [IMAGED]  37-2022-00050912-CU-BC-CTL Defendant and its counsel of record are ordered to pay sanctions of $1,860.00 to Plaintiff no later than January 12, 2024.

The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

2970666  24