Judge: Richard S. Whitney, Case: 37-2021-00040012-CU-BC-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2021-00040012-CU-BC-CTL OLMOS VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF'S UNOPPOSED MOTION TO COMPEL DEPOSITION OF DEALERSHIP PERSONNEL is GRANTED.

Plaintiff CLAUDIA OLMOS ('Plaintiff') seeks an order compelling the deposition of the following personnel employed by Perry Chrysler Dodge Jeep Ram ('Perry') in National City, California: Person Most Qualified and Technicians 118, 245, 260, 725, 811, and 814. Plaintiff also seeks to compel the production of records pursuant to the documents identified in the deposition subpoena. Failure to file an opposition to the motion indicates Perry's acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) The Court will not consider the late-filed opposition.

If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order ...

directing compliance with it upon those terms or conditions as the court shall declare....

(Code Civ. Proc., § 1987.1(a).) Perry has not demonstrated the subpoena is invalid or otherwise unenforceable. The unopposed motion is granted. The Court adopts as its own the proposed order filed on March 8, 2024. Perry is ordered to produce, within ten (10) calendar days of this order, the following dealership personnel for deposition: (1) The Person Most Qualified for Perry in National City, CA; (2) Technician 118; (3) Technician 245; (4) Technician 260; (5) Technician 725; (6) Technician 811; and (7) Technician 814.

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