Notice Of Motion And Motion To Compel The Deposition Of Defendants Person Most Knowledgeable And Production Of Documents And Request For Sanctions
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25623881 - June 24, 2026 Hearing date: June 24, 2026 Case number: CGC25623881 Case title: BYRON LENOX DARE VS. BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED ET AL Case Number: | | CGC25623881 | Case Title: | | BYRON LENOX DARE VS. BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED ET AL | Court Date: | | 2026-06-24 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel The Deposition Of Defendants Person Most Knowledgeable And Production Of Documents And Request For Sanctions | Rulings: | | On the Law & Motion/Discovery calendar for Wednesday, June 24, 2026, Line 6, PLAINTIFF BYRON DARE'S Motion To Compel The Deposition Of Defendants Person Most Knowledgeable And Production Of Documents And Request For Sanctions.
Plaintiff Byron Dare's motion to compel the deposition of defendant BMW of North America, LLC's person most knowledgeable, and compliance with its request for production of documents, and for sanctions, is granted in part. BMW shall produce its PMK with 25 days on a date mutually agreed by the parties. A deposition date nearly a year after trial is patently unreasonable.
With respect to the document requests attached to the deposition notice, a separate statement is required on this motion because the motion concerns the content of a discovery request, and Rule of Court 3.1345, subdivision (a)(5), specifically includes a motion "[t]o compel or to quash the production of documents or tangible things at a deposition" within the categories of discovery motions for which a separate statement is required. However, Dare's separate statement is less helpful than it could be because it relies on broad and boilerplate arguments instead of explaining the relevance of particular requests.
The court orders BMW to comply in full (except for privileged material) with RFP Nos. 1, 3, 4, 5, 6, 7, 9, 16, and 17. With respect to RFPs 2, 11, 12, 13, 14, 15, the requests duplicate Dare's previous RFPs. No further response is ordered. With respect to RFP 8, BMW shall produce documents sufficient to show the deponent's job description. RFP 10 is duplicative and no separate response is ordered.
The court awards reasonable sanctions of $1000, to be paid by BMW to Dare by the first day of trial.
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