Judge: Michael Shultz, Case: 23STCV29585, Date: 2025-06-13 Tentative Ruling

Case Number: 23STCV29585    Hearing Date: June 13, 2025    Dept: 40

23STCV29585 Rosita Vallejo, et al. v. Mercedes-Benz USA, LLC, et al.

, 2025

[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO COMPEL THE PLAINTIFFS’ DEPOSITION AND ACCOMPANYING DOCUMENT PRODUCTION

I.        Background

       The first amended complaint alleges Defendant issued a written warranty to Plaintiffs with the purchase of a vehicle manufactured by Defendant. The vehicle developed defects which Defendant failed to disclose and was unable to repair. Plaintiffs allege claims for violations of the Song-Beverly Warranty Act and a claim for negligent repair.

II.       Arguments

       Defendant argues that Plaintiffs refused to appear for their depositions scheduled for April 24, 2025. Plaintiffs did not make any effort to offer alternative dates of availability, nor coordinated with defense counsel to reschedule the depositions.

       In opposition, Plaintiffs contend Defendant failed to meet and confer in good faith and Plaintiffs repeatedly provided alternative deposition dates in writing, to which Defendant did not respond. Defendant’s claim of urgency is rendered moot because the parties stipulated to continue trial to April 6, 2026. The court should impose sanctions against Defendant for misrepresenting material facts.

III.    Discussion

       When a deponent fails to appear for deposition, the moving party must provide a declaration stating that the moving party contacted the deponent to inquire about the non-appearance. (Code Civ. Proc., § 2025.450 subd. (b)(2).) Defense counsel argues that Plaintiffs did not make a meaningful attempt to coordinate the depositions with defense counsel. (Cowden Decl., ¶ 7.) This is Defendant’s statutory obligation. Defendant has not provided any evidence that defense counsel met and conferred after Plaintiffs failed to appear at their depositions.  

IV.    Conclusion

       Based on the foregoing, Defendant’s motion is DENIED. Plaintiffs’ request for imposition of sanctions is DENIED. The parties are ordered to meet and confer in good faith before filing any future discovery motions.