Judge: Maurice A. Leiter, Case: 23STCV22676, Date: 2024-10-29 Tentative Ruling

Case Number: 23STCV22676    Hearing Date: October 29, 2024    Dept: 54

Hearing Date: October 29, 2024

Department 54, Judge Maurice A. Leiter

Motion to Compel PMK Deposition

Moving Party: Plaintiff Paul Merritt

Responding Party: Defendant Kia America, Inc.

T/R:      PLAINTIFF’S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT’S PERSON MOST KNOWLEDGEABLE IS GRANTED.

PLAINTIFF’S REQUEST FOR SANCTIONS IS GRANTED IN THE AMOUNT OF $3,160.00.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

BACKGROUND

This is a lemon law action arising out of Plaintiff purchase of a 2017 Kia Niro manufactured and distributed by Defendant Kia America, Inc.

ANALYSIS

“If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”  (CCP § 2025.450, subd. (a).)

The motion must be accompanied by a good faith meet and confer declaration under section 2016.040 or, “when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”  (CCP § 2025.450, subd. (b)(2).) 

Plaintiff moves to compel Defendant’s PMK on various categories. In opposition, Defendant represents that it will produce a PMK for categories 1-8 and 31-37 but argues that categories 9-30 seek irrelevant and ambiguous information. Categories 9-30 seek information regarding the nature of the defects, communications relating to the defects, remedies and repairs of the defects, and advertising. These categories are relevant and discoverable.

Plaintiff’s motion is GRANTED. Plaintiff’s request for sanctions is GRANTED in the amount of $3,160.00.