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Notice Of Motion And Motion To Compel The Deposition Of Defendants Person Most Knowledgeable And Production Of Documents
Matter on calendar for Wednesday, July 2, 2025, Line 7, PLAINTIFF STEVEN SORIANO's Motion To Compel The Deposition Of Defendants Person Most Knowledgeable And Production Of Documents.
Plaintiff's motion for defendant GM to produce its PMK for examination regarding matters 1-5 and 12-14 and produce documents (requests 1-9) is GRANTED. The deposition was set for May 14, 2025. Defendant served its untimely objections on May 13, 2024. (Cao Decl., Ex. 4.) Per CCP 2025.410(a), defendant has waived its objections (which were boilerplate). Plaintiff attempted to meet and confer in good faith. The cited discovery is reasonably calculated to lead to the discovery of admissible evidence.
Plaintiff's "other vehicle" requests regarding the same alleged defects is proper. (See Donlen v. Ford Motor Co. (2013) 217 Cal.App.4th 138, 154 [explaining probative value of "other vehicle" evidence]; Santana v. FCA US, LLC (2020) 56 Cal.App.5th 334, 346-347 [noting intentionally inadequate "repair" of fuel pump based on defendant's prior knowledge].) Defendant presents no competent evidence showing that the requests are unduly burdensome.
Defendant's PMK shall appear for deposition and defendant shall produce the cited documents by July 16, 2025. The record does not show Defendant acted with substantial justification with respect to this discovery. Defendant shall pay $500 as sanctions, payable to the court by way of the clerk of the court (a copy of this order to accompany payment), payment no later than by August 25, 2025, receipt filed no later than September 3, 2025. (See Code of Civil Procedure section 2025.450(g).)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ). | |