Judge: Maurice A. Leiter, Case: 23STCV31202, Date: 2024-06-12 Tentative Ruling

Case Number: 23STCV31202    Hearing Date: June 12, 2024    Dept: 54

Hearing Date: June 12, 2024

Department 54, Judge Maurice A. Leiter

Motion to Compel PMK Deposition and Further Responses to Requests for Production

Moving Party: Plaintiff Scott Carino

Responding Party: Defendant General Motors, LLC

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

THE REQUESTS FOR SANCTIONS ARE DENIED.

THE PARTIES ARE ORDERED TO MEET AND CONFER REGARDING A MUTUALLY AGREEABLE DATE FOR DEPOSITION.

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 2022 Chevrolet Bolt manufactured and distributed by Defendant General Motors LLC.

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 as well as to produce documents at deposition. The requests are roughly separated into three categories: the repair and repurchase of Plaintiff’s vehicle; Defendant’s policies and procedures relating to Song-Beverly compliance; and Defendant’s knowledge of, and efforts or lack of efforts to remedy the subject defect. All categories are relevant to Plaintiff’s claims and discoverable. To the extent that Defendant already has produced the requested documents, Defendant need not produce them again.

The motion to compel deposition is GRANTED. The Court declines to award sanctions to either party. These are standard lemon law discovery issues that can be resolved with proper meet and confer; they should not require Court intervention.