Judge: Michael J. Strickroth, Case: 2021-01200931, Date: 2022-07-25 Tentative Ruling

Motion to Compel Deposition (Oral or Written)

Plaintiffs’ (Rodney M. Edmonson and Rachael L. Farrokah) Motion to Compel Deposition of the Person Most Qualified of Defendant American Honda Motor Company, Inc. is DENIED without prejudice as MOOT.

“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.” (Code Civ. Proc. § 2025.450(a).)

Here, Defendant has provided September 5, 2022, as a potential date for the deposition of its PMQ and does not appear to be refusing to appear. Accordingly, the Motion to Compel is moot. The Court expects Defendant will comply with its representations and if the date of deposition needs to be changed the parties will work together to find a mutually agreeable date.

The Court denies sanctions because there was no “failure to appear” or “proceed with [the deposition].” (Code Civ. Proc. § 2025.450(a).)

Based on the foregoing, the Court DENIES Plaintiffs’ (Rodney M. Edmonson and Rachael L. Farrokah) Motion to Compel Deposition of the Person Most Qualified of Defendant American Honda Motor Company, Inc. without prejudice.

Moving Defendant to give notice.