I. BACKGROUND 

Plaintiff Lloyd Washington (“Plaintiff”) filed this action against defendant Spencer Smith (“Defendant”) for injuries arising from a motor vehicle collision. 

 At this time, Defendant moves to compel Plaintiff to make his vehicle, a 2018 Lexus RC 350 F Sport bearing license plate number 8HIM426, available for inspection at Plaintiff’s home address located at 4376 Kling Street Burbank, CA 91505. Defendant further requests monetary sanctions.  

Any opposition was due on or before May 10, 2024. To date, no opposition has been filed.  

II. MOTION TO COMPEL INSPECTION 

Any party may obtain discovery by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, of control of any other party to the action.  (CCP § 2031.010, subd. (a).)  A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made.  (CCP § 2031.010, subd. (c).)  A party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter onto any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.  (CCP § 2031.010, subd. (d).)  

The party to whom a demand for inspection has been directed shall respond separately to each item or category of item with: (1) a statement that the party will comply with the particular demand for inspection; (2) a representation that the party lacks the ability to comply with the demand for inspection; or (3) an objection to the particular demand for inspection.  (CCP § 2031.210, subd. (a).) 

In this case, Defendant asserts that he served a demand to inspect the subject vehicle on November 30, 2023, with the date of inspection set for December 19, 2023 at 10:00 a.m. at 4376 Kling Street Burbank, CA 91505, which is Plaintiff’s residence. On December 11, 2023, Plaintiff’s counsel objected on the grounds that the date was unilaterally set, overly burdensome, and inappropriate because liability is not at issue. Defense counsel avers they attempted to meet and confer on the issues by serving an amended date setting the inspection date for January 26, 2024, and by requesting a mutually agreeable date to perform the inspection, in which Plaintiff’s counsel did not respond. Defendant contends the inspection is necessary to determine which parts of the vehicle were damaged, the severity of the impact, and to potentially download the EDR data. Defendant argues the inspection will allow his expert to determine the incident’s occurrence, direction of the forces, impact severity, and that the inspection will not damage the vehicle. However, Plaintiff objected to the amended demand on the same grounds. 

The Court has reviewed the inspection demand and objections. Objections to a notice of the deposition are very limited and may only pertain to errors or irregularities in the deposition notice itself. (CCP § 2025.410, [“Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served.].) Article 2 which consists of Code of Civil Procedure §§ 2025.210-2025.295 provide specific requirements that a deposition notice must satisfy. Here, the objection on the grounds that the date was unilaterally selected is not a basis for an objection. Additionally, the object is without merit as Plaintiff did not respond to meet and confer efforts regarding alternative dates. The parameters of the demand are also narrowly tailored, as it specifies the specific vehicle, and provides details of which parts are to be examined both for the exterior and interior of the vehicle. (Mot. Exh. C.) Lastly, Plaintiff’s objection that liability is not an issue is not a basis to object to Defendant’s right to examine the vehicle in order to oppose the extent of Plaintiff’s damages arising from this vehicle collision.  

Therefore, Defendant’s unopposed motion is GRANTED. Plaintiff is ordered to make the subject 2018 Lexus RC 350 F Sport vehicle available for inspection at his residence located at 4376 Kling Street Burbank, CA 91505 within 30 days, at a date and time noticed by Defendant. The parties are ordered to meet and confer on a mutually agreeable to proceed with the vehicle inspection. If Plaintiff does not meaningfully participate in the meet and confer discussion, Defendant may unilaterally notice the vehicle inspection, and Plaintiff is ordered to make available the subject vehicle for inspection on a date, time, and location at Defendant’s election. However, Defendant must give at least five days’ notice of the inspection (notice extended per Code if by other than personal service).     

III. SANCTIONS 

Plaintiff did not oppose this motion. However, sanctions may be awarded, even though no oppositions were filed pursuant to CRC 3.1348(a). The Court finds sanctions warranted here. (CCP § 2031.320(b).)  

Defendant is awarded two hours for the motion, and half an hour to appear at the hearing, at the requested rate of $165 per hour for a total of $412.50 in attorney’s fees. Further, Defendant is awarded the motion filing fee of $60, as costs.  

Sanctions are sought and imposed against the Plaintiff and his attorney of record, jointly and severally.  Plaintiff and/or his counsel are ordered to pay sanctions to Defendant, by and through her attorney of record, in the total amount of $472.50, within twenty (20) days.   

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: 

Dated this 22nd day of May 2024