Plaintiff’s Motion to Compel the Deposition of Defendant Mercedes-Benz USA, LLC’s Employee Teresa Clemmer
May 29, 2026 Law and Motion Calendar
HONORABLE MICHAEL L. MAU, Department 20 ________________________________________________________________________ Case Title / Nature of Case 9:00 AM Line 1 23-CIV-00518 LEYE MARTIN VS. EUROMOTORS, INC., ET AL
LEYE MARTIN JOSEPH S. GREEN EUROMOTORS, INC. DAVID R. SIDRAN
Plaintiff’s Motion to Compel the Deposition of Defendant Mercedes-Benz USA, LLC’s Employee Teresa Clemmer
TENTATIVE RULING:
Plaintiff Leye Martin’s “Motion to Compel the Deposition of Defendant Mercedes-Benz USA, LLC’s (“MBUSA”) Employee Teresa Clemmer,” filed Nov. 26, 2025, is GRANTED.
MBUSA’s Opposition states that this Motion was unnecessary, because MBUSA has already agreed to produce Ms. Clemmer for deposition, and that by the time of the May 29, 2026 hearing, will likely will already have provided Plaintiff with a date for the deposition. Offering to provide a date for a witness’ deposition, is not the same as said deposition having been taken by the date of this motion as only the latter would moot this motion.
Although the parties, in their briefing, dispute whether this Motion was necessary, the Court need not address that dispute. At this point, both parties agree that the deposition should go forward. Therefore, to avoid any further uncertainty or delay, the Motion is GRANTED.
Within 15 days of Notice of Entry of this Order, MBUSA shall produce Ms. Clemmer for deposition, unless the parties, after meeting and conferring, mutually agree to a later deposition date.
Any party who contests a tentative ruling must email Dept20@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.
If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, Counsel for the prevailing party shall prepare for the Court’s signature a written order consistent with the Court’s ruling pursuant to CRC Rule 3.1312 and provide written notice of the ruling to all parties who have appeared in the action, as required by law and by the CRC. Please note that Local Rule 3.403(b)(iv) states in part “prevailing party on a tentative ruling is required to prepare a proposed order REPEATING VERBATIM the tentative ruling” (emphasis added). The order should be filed or e-filed only, do not email or mail a hard copy to the Court.
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LEYE MARTIN JOSEPH S. GREEN EUROMOTORS, INC. DAVID R. SIDRAN
Plaintiff’s Motion to Compel the Deposition of Defendant Mercedes-Benz USA, LLC’s Employee Gregory Gunther
TENTATIVE RULING:
Motion withdrawn by Plaintiff’s counsel, matter is dropped off calendar.