WALLACE, et al. vs FCA US LLC, et al.

25CV127589: WALLACE, et al. vs FCA US LLC, et al. 09/03/2026 Hearing on Motion - Other Compliance Pursuant to C.C.P 871.26 and Request for Sanctions; filed by FCA US LLC (Defendant) CRS# 360859172750 in Department 20

Tentative Ruling - 09/01/2026 Thomas Eagle Weathers

The Motion re: Compliance Pursuant to CCP 871.26 and Request for Sanctions filed by FCA US LLC on 08/06/2026 is Granted.

Defendant FCA US LLC’s Motion for Compliance Pursuant to C.C.P. § 871.26 and Request for Sanctions is GRANTED.

This is an action pursuant to the Song-Beverly Act. Plaintiffs Tony Wallace and Trina Wallace (collectively, “Plaintiffs”) initiated this action on June 23, 2025 regarding their purchase of a 2022 Ram 3500 on or about December 24, 2021. (Compl. ¶ 7.) The vehicle was accompanied by warranties issued by Defendants FCA US, LLC (“FCA”).

On or about October 29, 2025, FCA met and conferred with Plaintiffs pursuant to C.C.P. § 871.20. (Pyle Decl. ¶ 3, Exh. A.) FCA also served Notices of Deposition for both Plaintiffs, for January 9, 2026, pursuant to C.C.P. § 871.26(c). (Id., Exhs. B-1 and B-2.) Plaintiffs objected to the Notices for Deposition on January 6, 2026. (Id., Exhs. C-1 and C-2.) Plaintiffs did not proffer alternative dates for deposition. (Id. ¶ 5.)

FCA moves for an order for compliance to require Plaintiffs to appear for their initial depositions pursuant to C.C.P. § 871.26(c)(1). FCA further requests monetary sanctions under C.C.P. § 871.26(j)(2).

Where a manufacturer has made an election pursuant to C.C.P. § 871.30(a), C.C.P. § 871.20 applies. (C.C.P. § 871.30(c).) As such, Plaintiffs were required to appear for deposition pursuant to section 871.26(c)(1).

Plaintiffs do not oppose sitting for initial depositions. Plaintiffs and their counsel, Strategic Legal Practices, state that calendaring, scheduling, and staffing issues have prevented the deposition from going forward. (Khatchadourian Decl. ¶ 8.) Plaintiffs state that they proffered deposition dates to FCA on August 21, 2026, the same date that their opposition to the instant motion was due. (Id. ¶ 9.)

FCA’s motion is GRANTED. Plaintiffs shall sit for their respective depositions within fourteen (14) days of notice of entry of this Order.

Pursuant to C.C.P. § 871.26(j)(2), the Court shall impose $1,500 in sanctions unless Plaintiffs show good cause for failing to appear at the deposition. Plaintiffs here have not established good cause for failing to appear for deposition. Plaintiffs failed to proffer alternative dates certain to sit for deposition after serving objections to the initial notices of deposition. Plaintiffs did not do so until after FCA filed the instant motion. As such, Defendant’s request for sanctions is 25CV127589: WALLACE, et al. vs FCA US LLC, et al. 09/03/2026 Hearing on Motion - Other Compliance Pursuant to C.C.P 871.26 and Request for Sanctions; filed by FCA US LLC (Defendant) CRS# 360859172750 in Department 20 GRANTED. Plaintiffs shall pay Defendant FCA $1,500 in sanctions within fourteen (14) days of notice of entry of this Order.

If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select "Search" 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select "Click to Contest this Ruling" 7. Enter your Name and Reason for Contesting 8. Select "Proceed" BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.

BOTH ECOURT AND EMAIL notices are required.