Judge: Matthew C. Braner, Case: 37-2023-00029627-CU-BC-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  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 37-2023-00029627-CU-BC-CTL GRUNDE VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Christer Grunde'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 August 25, 2023 for a PMQ deposition set for September 27, 2023. Defendant served objections to the notice, both to the categories of examination and to the unilaterally noticed date, on September 20, 2023. The following day, Plaintiff's counsel emailed Defendant's counsel and requested that Defendant provide a date in October for Defendant's PMQ deposition. This email was ignored, as were additional emails on September 27, October 2, October 9, and October 11. In the final email, Plaintiff's counsel specified that it would be her final attempt to get a response from Defendant regarding an agreeable deposition date.

Defendant continued to ignore Plaintiff's efforts, prompting this motion.

Defendant's claims regarding bad faith from Plaintiff are belied by the evidence of meet and confer correspondence presented by Plaintiff. The court is also unpersuaded that Defendant's objection served on September 20, 2023, standing alone, is evidence that it sufficiently engaged in the meet and confer process. Responding to emails, at least in some fashion, is not difficult. Other than its objection, Defendant pointed to no evidence of engaging with Plaintiff to find a mutually agreeable, in any manner.

Thus, 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 $2,160 in sanctions for 3 hours of work at a rate of $595/hour plus a filing fee of $375. Although the court agrees the hours expended is reasonable, the rate is not, and the purported filing fee lacks sufficient support. Based on its own knowledge of the relevant market, the court believes a rate of $500/hour is more appropriate. As to the filing fee, it far exceeds the $60 fee the court typically sees and awards on such motions, and Plaintiff's counsel failed to explain the disconnect or even confirm the heavily increased fee was actually paid. Accordingly, Plaintiff's request for sanctions is granted in part, will be against both Defendant and its counsel of record, and will be $1,560 in total (3 hours of work at $500/hour plus a $60 filing fee).

Calendar No.: Event ID:  TENTATIVE RULINGS

3036526  25 CASE NUMBER: CASE TITLE:  GRUNDE VS GENERAL MOTORS LLC [IMAGED]  37-2023-00029627-CU-BC-CTL Defendant's PMQ is ordered to sit for deposition no later than March 1, 2024.

Defendant and its counsel of record are ordered to pay sanctions of $1,560.00 to Plaintiff no later than February 2, 2024.

The minute order is the order of the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3036526  25