Case Number: 19STCV13306 Hearing Date: December 17, 2019 Dept: 26

Superior Court of California
County of Los Angeles
Department 26

ADRIAN M. AGUILAR,

Plaintiff,

v.

TOYOTA MOTOR SALES, USA, INC., and DOES 1 THROUGH 10, INCLUSIVE,

Defendants.

Case No.: 19STCV13306

Hearing Date: December 17, 2019

[TENTATIVE] order RE:

DEFENDANT’S motion to COMPEL compliance with request for production of documents IN NOTICE OF DEPOSITION

Background

Plaintiff Adrian Aguilar (“Plaintiff”) commenced this lemon law action against Toyota Motor Sales, U.S.A., Inc. (“Defendant”) and Does 1 through 10 in connection to the purchase of a 2018 Toyota Tacoma.

On October 29, 2019, Defendant filed the instant motion to compel production of documents pursuant to the request for production of documents contained in the third notice of taking Plaintiff’s deposition. Defendant also requests sanctions in the amount of $1,992.50. Plaintiff has not filed any opposition.

On July 25, 2019, Defendant served its notice of deposition and discovery requests on Plaintiff. At Plaintiff’s deposition on September 3, 2019, Plaintiff’s counsel agreed that after the deposition Plaintiff would produce digital files of 11 pictures and 10 videos of photos and video clips from Plaintiff’s cell phone that could not be produced at Plaintiff’s deposition. As of the filing of this motion, Plaintiff has not produced all documents agreed upon by the parties during the deposition. (Myers Decl., ¶ 3, Exh. B.) Specifically, Plaintiff has produced only 9 video clips and 9 photos. Plaintiff has also failed to produce the digital files for the photographs. (Myers Decl., ¶ 3, Exh. F.)

Motion to Compel

The Court finds that Defendant has demonstrated good cause justifying the production of the outstanding items agreed upon by the parties.

Defendant’s motion to compel production of documents is granted pursuant to CCP § 2025.480. Plaintiff is ordered to produce documents identified in the notice of deposition of Plaintiff without objections, within fifteen (15) days of notice of this order. Specifically, Plaintiff is ordered to produce digital files of the 11 pictures and 10 videos of photos and video clips from Plaintiff’s cell phone that were agreed upon but could not be produced at Plaintiff’s deposition.

Sanctions

Defendant requests sanctions against Plaintiff. The Court finds Plaintiff’s failure to respond a misuse of the discovery process. Sanctions have been sufficiently noticed against Plaintiff and Plaintiff’s counsel, Constance Morrison. The Court however finds that the amount requested – $1,992.50 – is unreasonable in light of the simple nature of this motion and the fact that it is unopposed. The Court finds that the amount of $915 (.5 hours for meet and confer at $200 per hour, 3 hours at $185 per hour and 1 hour at $200 per hour, respectively, to prepare the motion plus a $60 filing fee) more accurately reflects the filing fees and attorney’s fees reasonably incurred for preparation and filing of the instant motion and appearance at the hearing.

Plaintiff Adrian Aguilar and Plaintiff’s counsel Constance Morrison are jointly and severally ordered to pay monetary sanctions in the amount of $915 to Defendant by and through counsel, within thirty (30) days of notice of this order.

CONCLUSION AND ORDER

Defendant Toyota Motor Sales, Inc.’s motion to compel production of documents is granted pursuant to CCP §2025.480. Plaintiff is ordered to produce the documents identified in Defendant’s request for production in the third notice of taking Plaintiff’s deposition, without objections, within fifteen (15) days of notice of this order. Specifically, Plaintiff is ordered to produce digital files of the 11 pictures and 10 videos of photos and video clips from Plaintiff’s cell phone that were agreed upon but could not be produced at Plaintiff’s deposition.

Defendant’s request for sanctions is granted. Plaintiff and Plaintiff’s counsel Constance Morrison are jointly and severally ordered to pay monetary sanctions in the amount of $915 to Defendant by and through counsel, within thirty (30) days of notice of this order.

The moving party is ordered to provide notice of this order and file proof of service of such.

DATED: December 17, 2019 ___________________________

Elaine Lu

Judge of the Superior Court