Judge: Robert C. Longstreth, Case: 37-2023-00007298-CU-BC-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00007298-CU-BC-CTL CARVAJAL VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/06/2023

Plaintiff's Motion to Compel the Deposition of Defendant General Motors, LLC's Person(s) Most Knowledgeable, with Production of Documents (ROA 20) is GRANTED.

A motion to compel a deposition may be brought when a deponent '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.' (Code Civ. Proc. § 2025.450(a), emphasis added.) Here, Plaintiff noticed the deposition of Defendant's persons most knowledgeable for April 25, 2023.

(Hayes Decl. at Exh. 1.) On April 24, 2023, one day before the deposition, Defendant served written objections by next-day delivery. (Id. at Exh. 2.) As Plaintiff points out in the moving papers, these objections were untimely. Objections are waived unless served 'at least three calendar days prior to the date for which the deposition is scheduled.' (Code Civ. Proc. § 2025.410(a).) Defendant then failed to appear at the noticed deposition. (Hayes Decl. at ¶ 6.) Further, Defendant provided no legal authority to support the proposition that it may fail to appear at a properly noticed deposition simply because it has served objections, whether those objections are timely or untimely.

Accordingly, Defendant is ordered to produce its persons most knowledgeable for deposition as to each of the noticed categories and produce all responsive documents.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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