2016-00195870-CU-BC

Clayborne L. Heil vs. FCA US, LLC

Nature of Proceeding: Motion to Compel Deposition Attendance and Production

Filed By: Kalinowski, Daniel

Plaintiff Clayborne L. Heil’s motion to compel deposition attendance and production of documents by Defendants’ dealership personnel is ruled upon as follows.

This is a lemon law case. Plaintiff alleges that in November 2011 he purchased a new Jeep Grand Cherokee. Plaintiff alleges defects with the “Totally Integrated Power Module” (“TIPM”). The TIPM is the chief component in the vehicle’s power distribution systems and consists of a computer, relays, fuses, and controls. The TIPM provides the primary means of voltage distribution and protection for the entire vehicle and FCA US LLC acknowledges that the TIPM is intended to provide safe, reliable, and centralized distribution of power to the vehicle’s electrical systems. (Complaint, ¶ 11.)

Plaintiff moves to compel the depositions of the following: (1) Elk Grove Dodge Chrysler Jeep’s (“Elk Grove Chrysler”) Person(s) Most Qualified and Custodian(s) of Record, (2) Elk Grove Chrysler’s Service Advisor #2022, (3) Elk Grove Chrysler’s Technician #2055, (4) Elk Grove Chrysler’s Service Advisor #2286, and (5) Elk Grove Chrysler’s Technician #2842.

Defendants served objections to the deposition notices. Defendants do not object to producing the above witnesses. Rather, they object to the location of the depositions. Plaintiff’s deposition notices set the depositions at the Regus Business Center, 9245 Laguna Springs Dr., Suite 200, Elk Grove, CA 95758. This location is approximately two miles from the dealership. Defendants request that the depositions take place in a conference room at the dealership.

Plaintiff’s counsel claims that they “have experienced a pattern of disruptions when the depositions take place at the dealership which is why our firm has ceased having depositions go forward on site.” (Declaration of Daniel Kalinowski, Ex. A.)

Defendants insist that “justice requires” that the depositions take place at the dealership because the non-party technicians and service advisors “who are not paid for a day’s work if not in their service bay or at their desk, will bear the burden of offsite depositions.” (Opposition, 6:8-10.) Additionally, “the dealership itself will suffer unnecessary disruption that is kept to a minimum if the depositions take place on site.” (Opposition, 6:10-12.) Defendants claim “it is not just the five-mile trip, it is arranging transportation to the offsite location, parking, waiting, and then returning to the dealership, finding a parking spot, and returning to work.” (Opposition, 6:13-15.)

The motion is GRANTED. CCP §2025.250 allows the party giving the notice of deposition to set the location within 75 miles of the deponent’s residence or the organization’s principal place of business. The deposition location set by Plaintiff is well within this range. The Court is mindful that this may be a burden for the technicians and service advisors, and they may not be paid by their employer for this time. However, these burdens exist with all depositions, and is not a reason to change the location.

The depositions shall take place by no later than March 30, 2018, unless the parties agree upon a later date. The location for the depositions will be the Regus Business Center, 9245 Laguna Springs Dr., Suite 200, Elk Grove, CA 95758.

Plaintiff’s request for sanctions is DENIED.