Judge: Shirley K. Watkins, Case: 22VECV00992, Date: 2023-05-17 Tentative Ruling

Case Number: 22VECV00992    Hearing Date: May 17, 2023    Dept: T

22VECV00992 ROBERTO NUNEZ MEDINA, et al. vs DOWNEY IMPORT CARS

Tentative ruling:

Defendant Nissan filed a motion to compel arbitration which was denied on 12/28/2022.  Thereafter, on 1/4/2023, plaintiff served a deposition notice with production of documents for the PMQ of Nissan, for a deposition set 1/19/2023.  No response or objections were served, and no appearance was made on 1/19/2023.  Plaintiff sent emails requesting dates from Lewis, Brisbois, et al. for the deposition on 1/18/2023, 1/26/2023, 2/9/2023, 2/14/2023, and 2/17/2023 without any dates provided by defense counsel and no explanation why no dates were provided.  Plaintiff filed a motion to compel the deposition of the PMQ and production of documents on 3/2/2023.  On 3/23/2023, defendant filed its renewed motion to compel arbitration.  That motion was denied on 5/4/2023. The only date provided by defense was on 5/8/2023 long after the motion was filed for a deposition on 5/24/2023. There is no indication whether plaintiff’s counsel was available for that deposition and there was no response. There was, however, no reasonable justification for Lewis, Brisbois ignoring plaintiff counsel’s multiple requests for deposition dates. However, once a single date was provided on 5/8/2023, 4 months after the date of the originally scheduled deposition, the court believes that it is too little, too late, and was only provided after the motion was filed and several emails requesting dates were ignored.

The court grants the motion to compel the deposition of the PMQ of Nissan and orders that it take place on ______________, 2023 at _______ (time) at ______________________(location).  Prior to the deposition and no later than _______________, 2023, defendant is to provide a verified written response with all of the documents requested by the notice of taking deposition without objection (excepting only confidential communications between the defendant and its counsel, and nothing else withheld) by email to plaintiff’s counsel.

Monetary sanctions are warranted against defendant Nissan North America, Inc., and Lewis, Brisbois, Bisgaard & Smith LLP, jointly and severally, for the failure and refusal of the defendant to engage in proper discovery after the motion to compel arbitration was denied on 12/28/2023 and failure of counsel to meet and confer in good faith, or to provide dates, or to respond to requests for dates, or to provide written response or production of documents pursuant to CCP section 2025.450 for discovery abuse without substantial justification, in the sum of $3,035 (which the court finds to be reasonable fees and costs for the motion, reply and additional documents plus appearance at the motion) payable by check or money order to the Client Trust Account of Knight Law Group, LLC, 10250 Constellation Blvd., Suite 2500, Los Angeles CA 90067 no later than 6/16/2023.