OROSCO, et al. vs GENERAL MOTORS, LLC, et al.

23CV012007: OROSCO, et al. vs GENERAL MOTORS, LLC, et al. 06/11/2026 Hearing on Motion to Compel the Deposition to Compel the Deposition of Plaintiff Guadalupe Aguayo in Department 16D

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver

23CV012007: OROSCO, et al. vs GENERAL MOTORS, LLC, et al. 06/11/2026 Hearing on Motion to Compel the Deposition to Compel the Deposition of Plaintiff Guadalupe Aguayo in Department 16D

and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***

TENTATIVE RULING: Defendant General Motors, LLC’s motion to compel Plaintiff Guadalupe Aguayo’s deposition is denied.

In this motion filed on January 2, 2026, Defendant seeks an order compelling Plaintiff to appear for deposition. Defendant asserts that Plaintiff’s deposition was initially noticed for December 11, 2025 and that Plaintiff objected to that date on the basis that she was unavailable. On December 17, 2025, Defendant’s counsel spoke with Plaintiff’s counsel to inquire as to deposition dates. (Quezada Decl. ¶ 4.) Defendant’s counsel indicates that Plaintiff’s counsel did not provide and alternate date and thus filed the motion given the then pending January 13, 2026 trial date.

On January 13, 2026, the parties stipulated to continue the trial to July 21, 2026.

Pursuant to CCP § 2025.450(a), if after service of a deposition notice, the party subject to the notice without having served a valid objection ”fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”

As seen from Plaintiff’s opposition, she is in the process of providing dates to Defendant for her deposition to be completed between May 28, 2026 and June 20, 2026. (Perks Decl. ¶ 6.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV012007: OROSCO, et al. vs GENERAL MOTORS, LLC, et al. 06/11/2026 Hearing on Motion to Compel the Deposition to Compel the Deposition of Plaintiff Guadalupe Aguayo in Department 16D

The instant motion must be denied. Plaintiff has not yet failed to appear for her deposition or refused to proceed with it.

The Court will not address Plaintiff’s request in opposition that it address Defendant’s alleged failure to offer its PMQ for a deposition. Plaintiff cannot seek affirmative relief in opposition to a motion.

No sanctions were requested and none are awarded.

The notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Defendant’s counsel is ordered to notify Plaintiff’s counsel immediately of the tentative ruling system and to be available at the hearing in person, via Zoom or by telephone, in the event Plaintiff’s counsel appears without following the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.