Judge: Thomas D. Long, Case: 23STCV16888, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV16888    Hearing Date: February 6, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 19, 2023, Plaintiff Melissa Bontempt this action against Defendants FCA US LLC and Axis Automotive Group, LLC dba Hunter Dodge Chrysler Jeep Ram Fiat and HW Hunter Ram (“Hunter Dodge”).

On December 11, 2023, Plaintiff filed a motion to compel the deposition of Hunter Dodge’s PMK.

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 Hunter Dodge’s objections and topic limitations.  No separate statement of issues was filed.  Therefore, the Court will only determine whether to order the attendance of Hunter Dodge’s PMK at deposition and will not rule on any objections or topics.

On August 29, 2023, Plaintiff noticed the deposition of Hunter Dodge’s PMK for September 22, 2023.  (Saeedian Decl. ¶¶ 3-4 & Ex. 1.)  Hunter Dodge did not respond to Plaintiff’s meet and confer letter, did not file an objection to the Notice of the Deposition, and did not produce its PMK for deposition on September 22, 2023.  (Saeedian Decl. ¶ 5.)

On September 29, 2023, Plaintiff sent another meet and confer letter, but Hunter Dodge has not responded with its PMK’s availability.  (Saeedian Decl. ¶ 6.)  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.

The unopposed motion is GRANTED.  Hunter Dodge is ordered to produce its PMK for deposition within 30 days.  The Court makes no further findings or orders about the scope of the deposition.

The request for sanctions is granted.  Hunter Dodge’s counsel is ordered to pay sanctions of $2,846.75 to Plaintiff within 30 days.

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 6th day of February 2024