CONTRERAS v. MAZDA MOTOR OF AMERICA, INC.

CASE NO.: 25NWCV01184 HEARING: Thursday, September 3, 2026, at 9:30 AM Defendant MAZDA MOTOR OF AMERICA, INC's Motion to Compel Plaintiff IGNACIO GOMEZ CONTRERAS' Deposition is GRANTED. Moving Party to give notice.

Background

On April 4, 2025, Plaintiff IGNACIO GOMEZ CONTRERAS ("Plaintiff") filed this "lemon law" action against Defendants MAZDA MOTOR OF AMERICA, INC ("Defendant" or "Mazda") and DOES 1 through 10, inclusive. Plaintiff's Complaint alleges the following causes of action: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act - Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act Sec. 1793.2

On April 17, 2026, Defendant filed the instant motion to compel Plaintiff's deposition.

Discussion

On April 29, 2025, Defendant served Notice of Deposition of Plaintiff Ignacio Gomez Contreras' deposition, set to occur on June 10, 2025.

On June 3, 2025, Plaintiff served objections to Defendant's deposition notice, stating Plaintiff would not appear for deposition.

On June 9, 2025, Defense Counsel sent Plaintiff Counsel alternative dates for deposition. Plaintiff's Counsel did not respond.

On June 16, 2025, Defense Counsel proposed further dates.

On August 5, 2025, Plaintiff Counsel provided Defense Counsel three dates to select for Plaintiff's Deposition. Defense Counsel selected September 12, 2025, a mutually agreed upon date, as the date for Plaintiff's deposition. However, Plaintiff objected to this mutually agreed upon date.

Defendant followed upon once again on September 23, 2025.

"Pursuant to CCP Sec.2025.450, if after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a party designated by an organization that is a party... without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document. (CCP Sec.2025.450(a).)

Plaintiff failed to appear for deposition after Defendant served notice for a mutually agreed upon date. The Motion is GRANTED. Plaintiff is ORDERED to produce Ignacio Gomez Contreras to appear for a deposition by no later than 30 calendar days from the date of the Court's issuance of this Order.

If [the] motion is granted, the court shall impose a monetary sanction...in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." (CCP Sec.2025.450(g)(2).)

Reasonable sanctions in favor of the Moving Party (Defendant) are GRANTED. To date, nothing has been filed with this Court to indicate that Plaintiff or Plaintiff's Counsel have made good faith efforts to schedule the deposition at issue. Reasonable sanctions are GRANTED in the total amount of $500.00. Plaintiff IGNACIO GOMEZ CONTRERAS and their Counsel of Record is ORDERED to pay Moving Party and their counsel of record sanctions in the total amount of $500.00, payable within 60 days from the date of the Court's issuance of this Order.

Case Number: 25NWCV03956 Hearing Date: September 3, 2026 Dept: R #13 MARQUEZ v. TACOS EL FOGON GRILL, INC., ET AL.