Motion to Compel the Deposition of Plaintiff Erica M. Bielak; Motion for the Imposition of Monetary Sanctions
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV114529: BIELAK vs AMERICAN HONDA MOTOR CO., INC. 06/04/2026 Hearing on Motion to Compel DEFENDANT AMERICAN HONDA MOTOR CO., INC.S MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF ERICA M. BIELAK AND FOR THE IMPOSITION OF MONETARY SANCTIONS IN THE AMOUNT OF $1,046 AGAINST PLAINTIFF AND HER COUNSEL; filed by AMERICAN HONDA MOTOR CO., INC. (Def... CRS# 600014840421 in Department 517 Tentative Ruling - 05/29/2026 Keith Fong The Motion to Compel Defendant American Honda Motor Co., Inc.s Motion to Compel the Deposition of Plaintiff Erica M.
Bielak and for the Imposition of Monetary Sanctions in the Amount of $1,046 Against Plaintiff and her Counsel filed by AMERICAN HONDA MOTOR CO., INC. on 04/17/2026 is Granted. Defendant American Honda Motor Co., Inc.s Motion to Compel Plaintiffs Deposition is GRANTED. Plaintiff Erica Bielak (Plaintiff) initiated this Song-Beverly action on March 5, 2025 against Defendant American Honda Motor Co., Inc. (AHM or Defendant) regarding her December 2018 purchase of a 2019 Honda Pilot warranted by Defendant.
On August 15, 2025, AHM served Plaintiff with a Notice of Deposition, for September 24, 2025. (Tabak Decl. ¶ 3, Exh. A.) Plaintiff did not object nor did Plaintiff respond to AHMs meet and confer effort on September 23, 2025, to confirm the deposition. (Id. ¶ 4, Exh. B.) Defendant incurred costs due to the cancellation of the deposition. (Id.) Plaintiffs counsel offered alternative dates, and pursuant to that communication, on November 3, 2025, AHM served an Amended Notice of Deposition for December 4, 2025. (Id. ¶¶ 5-6, Exhs.
C-D.) Plaintiff served objections but stated that Plaintiff would sit for deposition. (Id. ¶ 7, Exh. E.) Defendant advised that the deposition could not go forward in light of Plaintiffs failure to timely respond to AHMs discovery requests. (Tabak Decl. ¶ 8, Exh. F.) Plaintiff did not respond, and the deposition did not go forward. (Id.) While AHM continued to meet and confer regarding the outstanding discovery responses and Plaintiffs deposition, Plaintiff did not respond to the request for discovery responses, but stated that alternative dates for the deposition would be forthcoming. (Id., ¶ 9, Exh.
G.) Pursuant to Plaintiffs proffered dates, Defendant served a Second Amended Notice of Deposition on January 6, 2026, for Plaintiffs deposition on March 2, 2026. (Tabak Decl. ¶ 11, Exh. I.) Plaintiff served objections but agreed to sit for deposition. (Id. ¶ 12, Exh. J.) However, Plaintiff failed to appear at the deposition, and Defendant recorded Plaintiffs non-appearance on the record. (Id. ¶ 13, Exh. K.) Plaintiff did not respond to Defendants attempt to further meet and confer on March 26, 2026. (Id. ¶ 14, Exh.
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L.) AHM now moves to compel Plaintiff to sit for deposition. AHM also requests monetary sanctions.
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV114529: BIELAK vs AMERICAN HONDA MOTOR CO., INC. 06/04/2026 Hearing on Motion to Compel DEFENDANT AMERICAN HONDA MOTOR CO., INC.S MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF ERICA M. BIELAK AND FOR THE IMPOSITION OF MONETARY SANCTIONS IN THE AMOUNT OF $1,046 AGAINST PLAINTIFF AND HER COUNSEL; filed by AMERICAN HONDA MOTOR CO., INC. (Def... CRS# 600014840421 in Department 517 Plaintiff contends that the motion should be denied because she has not been unwilling to appear for deposition, and on May 20, 2026, proffered additional dates certain for the deposition.
However, Plaintiff did not provide these dates until after Defendant filed the instant motion. Nor does Plaintiff explain her failure to appear at her March 2, 2026 duly noticed deposition. Plaintiffs contention that she has been unable to take the deposition of Defendants Person(s) Most Knowledgeable is not relevant to the instant motion. Pursuant to the foregoing, Defendants motion to compel is GRANTED. Plaintiff shall sit for deposition within thirty (30) days of the date of this Order. Defendants request monetary sanctions of $1,046.
Plaintiff contends that monetary sanctions are unwarranted because Plaintiff had always been willing to sit for deposition, and was prevented from doing so due to scheduling conflicts. Plaintiff provides no evidence to support this contention, nor does Plaintiff explain her failure to appear without notice at her March 2, 2026 deposition. Moreover, Plaintiff did not proffer alternative dates for deposition until after Defendant filed the instant motion. As such, Defendants request for sanctions is GRANTED.
Plaintiff shall pay $1,046 to Defendant by June 19, 2026. Parties are reminded of their obligation to engage in live meet and confer prior to submitting any request or motion with the Court. (3/12/26 Order at p. 3.) Live meet and confer requires communication via phone, videoconference, or in person. (Id.) Failure to engage in live meet and confer may result in the Courts exercise of discretion to decline to consider the request. HOW DO I CONTEST A TENTATIVE RULING? THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 p.m. (but by Noon if possible) at least one (1) 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"
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV114529: BIELAK vs AMERICAN HONDA MOTOR CO., INC. 06/04/2026 Hearing on Motion to Compel DEFENDANT AMERICAN HONDA MOTOR CO., INC.S MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF ERICA M. BIELAK AND FOR THE IMPOSITION OF MONETARY SANCTIONS IN THE AMOUNT OF $1,046 AGAINST PLAINTIFF AND HER COUNSEL; filed by AMERICAN HONDA MOTOR CO., INC. (Def... CRS# 600014840421 in Department 517 BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4pm (but by Noon if possible) at least one (1) court day before the scheduled hearing.
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