Judge: Theresa M. Traber, Case: 21STCV24406, Date: 2022-10-10 Tentative Ruling

Case Number: 21STCV24406    Hearing Date: October 10, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 10, 2022                   TRIAL DATE: July 3, 2023

CASE:                         Oscar Garcia Lopez v. FCA US, LLC

CASE NO.:                 21STCV24406           

MOTION TO COMPEL APPEARANCE OF NON-PARTY FOR DEPOSITION AND FOR PRODUCTION OF RECORDS

MOVING PARTY:               Plaintiff Oscar Garcia Lopez

RESPONDING PARTY(S): Defendant FCA US LLC

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a lemon law action filed on July 1, 2021.

            Plaintiff moves to compel Non-Party Los Angeles Chrysler Dodge Jeep Ram to produce three individuals for deposition.

TENTATIVE RULING:

            Plaintiff’s Motion to Compel Deposition Attendance and Production of Documents is DENIED.

DISCUSSION:

            Plaintiff moves to compel Non-Party Los Angeles Chrysler Dodge Jeep Ram to produce three individuals for deposition.

            Plaintiff noticed this motion under Code of Civil Procedure section 2025.440, which authorizes a motion to compel appearance of “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” who fails to appear for a deposition or to proceed with it. (Code Civ. Proc. § 2025.440.) Los Angeles Chrysler Dodge Jeep Ram is not and has never been a party to this action, and Plaintiff does not contend otherwise. Furthermore, this motion was served on Ongaro PC as counsel for Defendant, who contends, in Defendant’s opposition to this motion, that Ongaro is not counsel for LACDJR. Plaintiff contends that this defect is somehow acceptable because Plaintiff “had good reason to believe” that Ongaro was LACDJR’s counsel based on previous discussions with Defendant and LACDJR’s former counsel. (See Declaration of Armando Lopez Exh. D.)

            In any event, the defect in service is moot, as Plaintiff would not be entitled to the requested relief under the noticed statutes even if this motion had been properly served.

            Accordingly, Plaintiff’s Motion to Compel Deposition Attendance and Production of Documents is DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: October 10, 2022                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.