BUDGET RENT A CAR SYSTEM, INC. ET AL VS. NKECHI EMERUWA ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC21591320 - September 4, 2025 Hearing date: September 4, 2025 Case number: CGC21591320 Case title: BUDGET RENT A CAR SYSTEM, INC. ET AL VS. NKECHI EMERUWA ET AL Case Number: | | CGC21591320 | Case Title: | | BUDGET RENT A CAR SYSTEM, INC. ET AL VS. NKECHI EMERUWA ET AL | Court Date: | | 2025-09-04 09:00 AM | Calendar Matter: | | Notice Of Motion To Compel Deposition Of Budget Employee Kintresa Banks And Production Of Documents And For Monetary Sanctions Against Defendant And Its Counsel | Rulings: | | On the Law & Motion/Discovery calendar for September 4, 2025, line 1. PLAINTIFF NKECHI EMERUWA-NEUBERG'S (FROM CONSOLIDATED CASE 593982) Motion To Compel Deposition Of Budget Employee Kintresa Banks And Production Of Documents And For Monetary Sanctions Against Defendant And Its Counsel.

Nkechi Emeruwa's motion to compel deposition of Kintresa Banks is DENIED. Emeruwa has failed to show good cause for an order compelling the deposition of Banks. Emeruwa and her counsel's conduct does not demonstrate a reasonable and good faith effort to informally resolve the issues. (See Code of Civil Procedure section 2016.040.)

The parties were still in the process of choosing a date for Banks' deposition. Emeruwa's counsel's declaration shows that the parties were in the process of scheduling Banks' deposition when Emeruwa abruptly and unreasonably imposed a three-day deadline for providing dates. The scheduling of this deposition was also concurrent with Emeruwa herself failing to appear for her court-ordered deposition on June 10, 2025. It would be reasonable for Budget to prioritize efforts to depose Emeruwa before working out the date of Banks' employee deposition. Counsel for Emeruwa's declaration shows no flexibility in scheduling this deposition after requesting flexibility from the other side when Emeruwa missed her deposition only weeks prior. Thus, the motion is denied.

The court finds Emeruwa acted without substantial justification as to this discovery and this motion. Emeruwa shall pay $3,360 to Budget Rent A Car System Inc. as sanctions forthwith but no later than September 25, 2025. (See Code of Civil Procedure sections 2023.010(h) & 2023.030(a).)

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