Judge: Richard Y. Lee, Case: 30-2020-01129492, Date: 2022-08-18 Tentative Ruling

Motion No. 1

Defendant Hyundai Motor America (“HMA”) seeks an order granting its motion to compel the deposition of Plaintiff Marcia Hale, with production of documents.

Moving Party cites to Code Civ. Proc.§ 2025.450(a) as the enabling authority for the relief herein, which states, in relevant part, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”

In this instance, HMA served two notices of Deposition on Plaintiff (Aliviado Decl., Ex. A, C), and Plaintiff objected. Although Defense counsel sent Plaintiff’s counsel correspondence asking for alternative dates, Plaintiff’s counsel failed to respond. (Aliviado Decl., Ex. B, D.)

Therefore, HMA brought this motion to compel Plaintiff to sit for deposition and produce documents.

Plaintiff submitted an Opposition stating she has agreed to submit to deposition by Defendant and has provided Defendant with potential dates for her deposition. Although she submits no declaration or proof that she has provided dates, it appears the motion is moot.

To the extent counsel has not agreed to a specific deposition date by the date of the hearing, this Court orders Plaintiff’s deposition to be completed, and requested documents produced, within two weeks of service of the notice of ruling herein.

HMA to give notice.

Motion No. 2

Defendant Hyundai Motor America’s (“HMA”) seeks an order granting its motion to compel the production of Plaintiff’s vehicle, the 2011 Hyundai Elantra VIN 5NPDH4AE1BH032828 and related parts, for inspection and testing within seven days of the hearing on this motion.

Moving Party cites to Code Civ. Proc. §§2017.010 and 2031.010 as enabling authority for the relief requested.

Code Civ. Proc. §2017.010 provides:

“Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.”

Code Civ. Proc. §2031.010(a) provides, in relevant part, “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, or control of any other party to the action.”

Moving Party argues that this motion became necessary after it served a demand for inspection, and follow-up emails requesting a date certain to set the vehicle inspection, with no response from Plaintiff’s counsel. (Aliviado Decl.¶¶4-10.)

Plaintiff submitted an opposition indicating Plaintiff has agreed to produce the Subject Vehicle for inspection and has provided Defendant with potential dates for the Vehicle Inspection. Although Plaintiff provides no declaration or other proof that she has agreed to produce the vehicle, it appears the motion is moot.

To the extent no dates have been provided or agreed upon by the hearing on this matter, Court orders the inspection to be completed within two weeks of service of the notice of ruling.

Moving Party to give notice.