Judge: Michael Shultz, Case: 22CMCV00238, Date: 2023-08-03 Tentative Ruling
Case Number: 22CMCV00238 Hearing Date: September 14, 2023 Dept: A
22CMCV00238 Christopher Robinson,
et al v. General Motors, LLC
[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL
PLAINTIFF’S APPEARANCE AT DEPOSITION AND PRODUCTION OF DOCUMENTS
The
complaint alleges that Plaintiff purchased a 2017 Chevrolet Camaro made and
distributed by Defendant. The vehicle suffered from widespread defects that
Defendant failed to repair within a reasonable number of attempts in violation
of the Song-Beverly Consumer Warranty Act.
Defendant moves for an
order compelling Plaintiff to appear for deposition. Defendant timely noticed
the deposition for August 4, 2023, however Plaintiff’s counsel refuses to
voluntarily make Plaintiff available. Defendant timely served Plaintiff with
the motion by email on August 18, 2023. Plaintiff did not file an opposition.
If
a party fails to appear for a deposition after service of a deposition notice,
without having served a valid objection, the party giving notice may move for
an order compelling the deponent’s attendance and testimony, and the production
for inspection of any document or tangible thing described in the notice. (Code Civ. Proc., § 2025.450.) The moving party must show good
cause for the deposition and attempt to meet and confer. (Id.)
Defendant has met and
conferred numerous times with Plaintiff’s counsel to set Plaintiff’s deposition
since June 2, 2023. (Decl. M. Sentenac, ¶ 5-6, and exhibits thereto.)
As Plaintiff did not
file an opposition, the motion is GRANTED. Plaintiff is ordered to appear within
10 days for deposition and to produce documents requested in the Notice of
Deposition without objection. Defendant did not request sanctions, therefore,
none are awarded.