Judge: Thomas D. Long, Case: 21STCV05853, Date: 2023-08-22 Tentative Ruling

Case Number: 21STCV05853    Hearing Date: March 19, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 16, 2021, Plaintiffs Jose Carranza and Suzette Carranza filed this action against Defendant General Motors LLC for breach of warranties arising from the purchase of an allegedly defective vehicle.

On September 7, 2023, the Court granted in part Plaintiffs’ motion to compel the deposition of Defendant’s PMK, requiring compliance within 14 days.

On January 10, 2024, Plaintiffs filed a motion to compel Defendant’s compliance with the Court’s September 7, 2023 order.  Defendant did not oppose the motion.

Plaintiffs “request that this Court compel GM to fully comply with the Discovery Order within five calendar days of the Court’s compliance order,” and they request prospective monetary sanctions of $500 per day until Defendant complies.  (Motion at pp. 1-2; Stoliker Decl. ¶ 8.)

The Court has already ordered Defendant to produce its PMK and documents for deposition and sees no need to repeat its order.  The Court also does not believe that daily monetary sanctions are appropriate.  Disobedience of discovery orders can and should result in monetary sanctions sufficient to put the other party where they would have been if they did not have to bring discovery motions.  To the extent Defendant is shown to still be out of compliance with the Court’s discovery orders at the Final Status Conference or at the commencement of trial, the Court would be inclined to impose evidentiary preclusion or issue sanctions on Defendants.  Alternatively, Plaintiffs may move for other non-monetary discovery sanctions before trial.

The motion is DENIED without prejudice to Plaintiffs bringing a different motion seeking appropriate sanctions.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 19th day of March 2024