Judge: Richard Y. Lee, Case: 30-2019-01090282, Date: 2022-11-17 Tentative Ruling

Plaintiff Amadita Gomez (“Plaintiff”) moves pursuant to Code of Civil Procedure sections 2025.450 and 2025.480 to compel the deposition of Defendant FCA US LLC’s person most knowledgeable as to Category Nos. 5-7, 9-11, 15-18, and 23-27.  Plaintiff also moves to compel the production of documents in response to Request Nos. 1-38 of the notice of deposition of the person most knowledgeable.

Meet and confer efforts were sufficient based on the evidence Plaintiff filed in support of her motion.  (See ROA # 249, Neubauer Decl., ¶ 35, Ex. 16 and ¶ 36, Ex. 17; Code Civ. Proc., §§ 2016.040 and 2025.450, subd. (b)(2).)  Defendant did not proffer any evidence by way of a declaration or supporting exhibits establishing that the meet and confer efforts were insufficient.

The court rules as follows regarding the categories in the notice of deposition of the person most knowledgeable:

•        Category Nos. 15, 17, and 18 are GRANTED.

•        Category No. 16 is GRANTED but limited to the date of purchase to the present and defects in vehicles for the same year, make and model of the subject vehicle. 

•        Category Nos. 5-7 and 9-11 are DENIED as overbroad.  As written, these requests contain no scope of time and seek information for all Dodge vehicles, not just those that are the same year, make and model of the subject vehicle.

•        Category Nos. 23-27 are DENIED as irrelevant.

The court rules as follows regarding the requests for production in the notice of deposition of the person most knowledgeable:

•        Request Nos. 1, 3-7, 9, and 28 are GRANTED.

•        Request No. 2 is GRANTED but limited to the subject vehicle.

•        Request Nos. 11 and 12 are GRANTED but limited to the date of purchase to the present and vehicles purchased in California for the same year, make and model of the subject vehicle.

•        Request Nos. 18, 19, and 33-36 are GRANTED but limited to vehicles purchased in California for the same year, make and model of the subject vehicle.

•        Request Nos. 30-32 are GRANTED but limited to the date of purchase to the present.

•        Request No. 8 and 29 are DENIED.

•        Request Nos. 10, 13-17, and 20-27 are denied as overbroad.  As written, these requests contain no scope of time and seek information for all dodge vehicles, not just those that are the same year, make and model of the subject vehicle.

•        Request Nos. 37 and 38 are denied as irrelevant.

The request for sanctions is DENIED.

Moving party to give notice.