Plaintiff’s Motion to Compel Defendant Michelle Schrader to Attend Deposition
The People of the State of California v. US Automotive Protection Services LLC, et al.
Plaintiff’s Motion to Compel Defendant Michelle Schrader to Attend Deposition
Hearing Date: May 29, 2026
The People of the State of California (“Plaintiff”) claims that Defendant US Automotive Protection Services LLC (“USAPS”) unlawfully marketed and sold automotive warranty and insurance products. To discover facts relevant to Plaintiff’s claims, Plaintiff noticed the deposition of Defendant Michelle Schrader, who, along with Defendant Brandon Schrader, had control over USAPS’s conduct, actions, and decisions. Plaintiff issued two notices for Ms. Schrader’s deposition, but she did not appear at either deposition scheduled for January 26 and March 12, 2026. Now, Plaintiff seeks to compel Ms. Schrader’s deposition and requests monetary sanctions. The unopposed motion and sanctions request are GRANTED.
If a party does not appear after being served a deposition notice, the notice-giving party can file a motion to force attendance and testimony. [Code Civ. Proc. § 2025.450, subd. (a).] This motion must include a meet-and-confer declaration, which is provided here. [Hickok Decl. at ¶¶ 4-16 and Exhs. 1-8.]
Ms. Schrader’s deposition was scheduled twice—on January 26 and March 12, 2026— and she was served notices for both dates. [Hickok Decl. at ¶¶ 4-9 and Exhs. 1 and 3.] For the January 26 deposition, her former counsel indicated she would not appear. [Id. at ¶ 5.] Now representing herself, Ms. Schrader has been unreachable despite Plaintiff’s counsel's efforts to contact her. [Id. at ¶¶ 10-15, 19-20.] Plaintiff has recorded Ms. Schrader’s absence from the March 12th deposition. [Exh. 9 to Hickok Decl.]
The motion to compel is GRANTED. Within 15 days of being served with the Court’s order, Plaintiff may serve a Deposition Notice on Ms. Schrader. She is ordered to appear and answer questions under oath at this deposition, which shall be held within 75 miles of Ms. Schrader’s residence.
Monetary sanctions are justified, and no defendant, including Ms. Schrader, provided substantial justification for a different ruling. [Code Civ. Proc. § 2025.450
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The Court will sign and complete the Proposed Order accompanying the motion.
The Case Management Conference and Order to Show Cause Hearing set for May 29, 2026, is MAINTAINED.
NOTE RE TENTATIVE RULING
This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by following Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9. Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by email or by calling the Calendar Department at 831-647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.
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