Judge: Thomas D. Long, Case: 22STCV23683, Date: 2023-09-14 Tentative Ruling

Case Number: 22STCV23683    Hearing Date: December 21, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 22, 2022, Plaintiff Raymundo Hernandez this action against Defendant General Motors LLC for breach of warranties arising from the purchase of an allegedly defective vehicle.

On October 11, 2023, Plaintiff noticed the deposition of Defendant’s person most knowledgeable (“PMK”), for a deposition on November 1, 2023.  On October 25, 2023, Defendant served objections.

On October 30, 2023, Plaintiff sent Defendant a meet-and-confer letter requesting alternative deposition dates.  Defendant did not provide dates, and it stated that a PMK would be produced for only two categories.

On November 28, 2023, Plaintiff filed a motion to compel the deposition of Defendant’s PMK.

Trial is scheduled for January 8, 2024.

If a party or an officer, director, managing agent, employee of a party, or person designated as the person most qualified to testify fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and production.  (Code Civ. Proc., § 2025.450, subd. (a).)

Plaintiff’s motion does not challenge the propriety of Defendant’s objections and topic limitations.  No separate statement of issues was filed.  As Defendant’s counsel noted in their November 7, 2023 letter to Plaintiff’s counsel (Mizrahi Decl., Ex. D), Plaintiff requested only deposition dates and ignored Defendant’s objections.  Therefore, the Court will only determine whether to order the attendance of Defendant’s PMK at a deposition and will not rule on any objections or topics.

The Court is guessing that Plaintiff subscribes to the common belief that depositions cannot be noticed until after a date is agreed on by the parties and that to do otherwise is to “unilaterally” set the deposition which is improper.  It is not improper to “unilaterally” pick a date.  And failing to do so sometimes results in unfortunate delays. 

The motion is GRANTED.  Defendant is ordered to produce its PMK for a deposition within 7 days.  The Court makes no further findings or orders about the scope of the deposition.

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 21st day of December 2023