Judge: Michael T. Smyth, Case: 37-2023-00049603-CU-BC-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - May 09, 2024

05/10/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00049603-CU-BC-CTL USHER VS AMERICAN HONDA MOTOR CO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/21/2024

Plaintiff Charles Usher's Motion to Compel Deposition is DENIED. Sanctions are denied as to either Plaintiff or Defendant. The deposition appears set for June 6, 2024. Plaintiff is invited to return to the court ex parte if the deposition does not go forward on that date due to Defendant's failure to appear.

Any ruling on the objections is premature. (Code Civ. Proc., § 2025.480(a) [authorizing motion to compel when a party fails to answer questions].) The court advises that it is the general policy of this department in Song-Beverly Act cases to require Defendants to respond to discovery related to the same make, model, and year as the subject vehicle. While there are limits to the discovery allowed in such a case, it is not so narrow as to apply solely to the subject vehicle.

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