Judge: Stephen I. Goorvitch, Case: 22STCV13356, Date: 2023-11-15 Tentative Ruling

Case Number: 22STCV13356    Hearing Date: March 19, 2024    Dept: 39

Carlos Patlan v. Group V San Bernardino L.P.

Case No. 22STCV13356

Motion to Compel Deposition of Mike Nijjar

Motion for Protective Order

Case Management Conference

            Plaintiffs filed this habitability case against Defendants Group V San Bernardino L.P. (“Group V”), Sherri Wilson (“Wilson”) and Golden Management Services, Inc. (“Golden Management”).  Plaintiffs move to compel the deposition of Mike Nijjar, who is the president and general partner of Group V, which owns the subject premises.  (See Declaration of Mike Nijjar, ¶ 1.)  Group V seeks a protective order to prevent Plaintiffs from taking this deposition, arguing that it is an apex deposition. 

            Plaintiff represents that Nijjar is the sole partner and employee of Group V.  Counsel for Group V does not dispute that representation.  Because Nijjar is the only partner/employee, there is no less intrusive means of obtaining Nijjar’s information, so this is not an apex deposition.  According to Nijjar, he is “not personally involved in the management or maintenance of the Subject Property” and is “not familiar with the management operations at the Subject Property.”  (Declaration of Mike Nijjar, ¶¶ 3-4.)  This is not a basis to foreclose the deposition of Mike Nijjar.  Group V owns the building.  If the owner lacks personal knowledge concerning the management and maintenance, that is relevant to Plaintiffs’ case. 

            Counsel for Group V suggests that employees of the property management company—like Sherri Wilson and others—may act as persons most qualified for Group V.  That is incorrect.  Because they are not partners/employees of Group V, they cannot competently testify to “the extent of any information known or reasonably available to” Group V.  (Code Civ. Proc., § 2025.230.) 

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants Plaintiffs’ motion to compel the deposition of Mike Nijjar. 

            2.         The Court denies Group V’s motion for a protective order.

            3.         The deposition of Mike Nijjar shall occur within thirty (30) days unless Plaintiff’s counsel stipulates to a different date.

            4.         The Court finds that Group V’s failure to produce Mike Nijjar for a deposition constitutes an abuse of the discovery process, and that there was no substantial justification for  Group V’s opposition to Plaintiffs’ motion to compel the deposition.  Therefore, the Court grants Plaintiffs’ request for sanctions and awards sanctions in the amount of $2,000 (based upon four hours at a rate of $500 per hour) against Defendant Group V San Bernardino L.P., which shall be paid within thirty (30) days. 

            5.         The Court sets the following dates:

                        Final Status Conference:        May 9, 2025, at 9:00 a.m.

                        Trial:                                       May 20, 2025, at 9:30 a.m.

The discovery and motions deadlines shall be based on the new trial date.  The parties shall prepare and file joint trial documents on or before May 2, 2025.  The parties shall disclose all witnesses they intend to call in their respective cases-in-chief, and identify and produce all exhibits they intend to introduce in their respective cases-in-chief, on or before May 2, 2025.

            6.         Jury fees shall be posted within ten (10) days or the parties shall waive jury unless the Court has ordered a fee waiver. 

            7.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.