Manuel Martinez and Samantha Martinez v. General Motors LLC

notes, in opposition to the motion, Defendant submitted invoices for depositions taken of three individuals, including Plaintiff. (Kim Decl., Exhibit 1.) In any event, given Plaintiff's concession, the motion to strike these costs is denied. Plaintiff is ordered to provide notice of the Court's ruling and to file proof of service of same.

DEPARTMENT | 415 | HEARING DATE | August 26, 2026 | CASE NUMBER |

| MOTION | Motion to Compel Depositions | MOVING PARTY | Defendant General Motors LLC | OPPOSING PARTIES | Plaintiffs Manuel Martinez and Samantha Martinez | MOTION Defendant General Motors LLC ("Defendant") moves to compel Plaintiffs Manuel Martinez and Samantha Martinez ("Plaintiffs") to appear for depositions pursuant to Code of Civil Procedure section 871.26. Plaintiffs oppose the motion.

Pursuant to Code of Civil Procedure section 871.26, subdivision (c), within 120 days after the filing of the answer or other responsive pleading in an action under the Song-Beverly Consumer Warranty Act, the defendant has the right to conduct an initial deposition, each not to exceed 2 hours, of the plaintiff. A party who fails to comply with this requirement is subject to sanctions unless the party shows good cause for such failure. (Code Civ. Proc., Sec. 871.26, subd. (j).)

Defendant filed its demurrer to Plaintiffs' complaint on June 4, 2025. As such, Plaintiffs had until October 2, 2025 to appear for their initial depositions. Plaintiffs failed to do so. Accordingly, the Court imposes sanctions in the amount of $1,500 against Plaintiffs' counsel of record, Strategic Legal Practices, APC, as required pursuant to Code of Civil Procedure section 871.26, subdivision (j)(2).)

Plaintiffs' counsel of record, Strategic Legal Practices, APC ("Counsel"), is to pay sanctions in the amount of $1,500 to Defendant, by and through counsel, within 15 business days.

Code of Civil Procedure section 871.26 does not provide authority for the Court to compel Plaintiffs to appear for Plaintiffs' initial deposition. The Court cannot grant Defendant's motion based on authority other than the authority Defendant cites in its notice of motion. (See Code Civ. Proc., Sec. 1010 ["Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based"]; Cal.

Rules of Court, rule 3.1110(a) ["A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order"]; People v. American Surety Insurance Co. (1999) 75 Cal.App.4th 719, 726 [court concluded notice of motion made no reference to the fact of what the movant sought or the grounds for such relief, as required by rule 311(a) of the California Rules of Court, the predecessor to Rules of Court, rule 3.1110(a)].)

Accordingly, the Court denies Defendant's motion to the extent Defendant seeks to compel Plaintiffs to appear for the initial deposition. Defendant's remedy is sanctions, which the Court is imposing in this instance. The Court notes should Plaintiffs fail to comply with Plaintiffs' obligation to appear for their initial deposition after notice of this order, Defendant would be entitled to dismissal of Plaintiffs' complaint and an award of costs. (Code Civ. Proc., Sec. 871.26, subd. (j)(3).)

In opposition to the motion, Counsel argues it has moved to be relieved as counsel for Plaintiffs because Counsel has been unable to contact them. However, Counsel filed the motion to be relieved as counsel on August 10, 2026, more than 10 months after Plaintiffs failed to comply with their obligations under Code of Civil Procedure section 871.26. As such, the Court concludes sanctions are warranted against Counsel notwithstanding the pending motion to be relieved as counsel.

Defendant is to provide notice of the Court's ruling and to file proof of service of same. | Home -->)" -->