Judge: William A. Crowfoot, Case: 22AHCV00653, Date: 2023-08-22 Tentative Ruling


Case Number: 22AHCV00653    Hearing Date: September 13, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

REBECA PEREZ,

                   Plaintiff(s),

          vs.

 

NISSAN NORTH AMERICA, INC.,

 

                   Defendant(s).

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     CASE NO.:  22AHCV00653

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF DEFENDANT’S PERSON MOST KNOWLEDGEAABLE

 

Dept. 3

8:30 a.m.

September 13, 2023

 

On April 5, 2023, plaintiff Rebeca Perez (“Plaintiff”) filed this motion for an order compelling defendant Nissan North America, Inc. (“Defendant”) to produce its person most qualified (“PMQ”) for deposition and to produce documents specified in the deposition notice.  The hearing on this motion has been continued multiple times due to a discovery stay and settlement negotiations. 

Defendant served objections and refused to produce a deponent or documents on the grounds that its motion to compel arbitration was pending.  This was an improper objection because there is no stay on litigation (or Defendant’s discovery obligations) when a motion to compel arbitration is pending.  If, for some reason, Defendant did not want to proceed with the deposition, Defendant was required to move for an order staying the taking of the deposition.  (Code Civ. Proc., § 2025.410, subd. (c).)  After Defendant’s motion to compel arbitration was denied on May 5, 2023, the Court continued the hearing on this motion to June 6, 2023, so that the parties could meet and confer and determine a mutually agreeable date for the deposition. 

On May 23, 2023, Defendant filed an opposition brief arguing that Plaintiff’s motion is moot because it has already offered to produce its PMQ for deposition on May 24, 2023, but Plaintiff’s counsel has not responded to the proposed deposition date or sent an amended deposition notice.  However, in light of Defendant’s previous baseless refusal to produce its PMQ and non-privileged responsive documents, the Court finds that an order compelling Defendant to do so is necessary.  Therefore, Plaintiff’s motion is GRANTED in part: only Defendant’s objection based on its arbitration motion is stricken, Defendant is ordered to produce its PMQ for deposition within 10 days of the date of this order, and, subject to the remainder of its preserved objections, Defendant is ordered to provide responsive documents within 10 days of the date of this order.  Defendant is not required to provide further responses because Plaintiff’s deposition notice is not an inspection demand subject to CCP section 2031.300.  Plaintiff’s remedies are limited to compelling Defendant’s production of documents or its PMQ’s answers to deposition questions.  (Code Civ. Proc., § 2025.480, subd. (a).) 

 

Moving party to give notice.

 

 

Dated this 13th day of September, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.