Judge: Matthew C. Braner, Case: 37-2023-00016177-CU-BC-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  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 37-2023-00016177-CU-BC-CTL RADNICH VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Jarrod Radnich's motion to compel the deposition of the person most qualified for Defendant General Motors, LLC is GRANTED.

Plaintiff's counsel attests that Defendant was properly served with a deposition notice on May 15, 2023 for a PMQ deposition set for June 9, 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 via email on June 22, 2023 regarding the failure to appear, and requested alternative deposition dates. Plaintiff did not receive a response, so he served an amended notice of deposition that unilaterally set July 10, 2023 as the deposition date. This time, Defendant served objections to the notice and refused to appear on the set date. Plaintiff's counsel attests that he again attempted to meet and confer with Defendant, this time by phone, but was unable to reach Defendant's counsel and so left a detailed message, and followed up with an email. Defendant's counsel did not respond to the request for deposition dates and has not provided any proposed dates, prompting Plaintiff's motion to compel.

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 the initial deposition notice. The court finds its present claims disingenuous; Plaintiff reasonably believed that a motion to compel had become necessary and made substantial 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 $2,952.22 in sanctions for 5 hours of work at a rate of $575/hour, plus a $60 motion reservation fee and $17.22 filing fee. The court finds this request reasonable. Accordingly, Plaintiff's request for sanctions is granted, and will be against both Defendant and its counsel of record.

Defendant's PMK is ordered to sit for deposition no later than November 17, 2023.

Defendant and its counsel of record are ordered to pay sanctions of $2,952.22 to Plaintiff no later than November 17, 2023.

Calendar No.: Event ID:  TENTATIVE RULINGS

3005390  15 CASE NUMBER: CASE TITLE:  RADNICH VS GENERAL MOTORS LLC [IMAGED]  37-2023-00016177-CU-BC-CTL The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3005390  15