Notice Of Motion And Motion To Compel The Deposition Of Defendant Bmw Of North America, Llcs Person(S) Most Knowledgeable, With Production Of Documents
Set for Law and Motion/Discovery Calendar on Tuesday, July 21, 2026, Line 4.
2 - Plaintiff Dylan Moore's motion to compel the PMK deposition of defendant BMW of North America, LLC is granted in part. BMW must make its PMK available for deposition on a mutually agreeable date no later than December 31, 2026. The parties are to agree on the deposition date no later than August 31, 2026.
While the court is sympathetic to BMW's concern that due to the "proliferation of Song-Beverly cases," there is a high demand for depositions of BMW PMKs. Nonetheless, BMW has an obligation to produce its PMK within a reasonable time. Absent agreement from the plaintiff, one year, much less two years, is not a reasonable time, even if trial has not been set. Moore is entitled to proceed with his case with reasonable expedition and to be ready for trial approximately a year after the filing of the lawsuit, if, as sometimes happens in San Francisco, a trial date is set within that time. If BMW does not have sufficient PMKs to meet this timeline, it needs to identify and educate more PMKs.
To the extent the motion seeks production of the documents sought in the motion, the motion is denied without prejudice to being refiled after the parties have met and conferred about any disagreements they may have regarding the production of those documents.
Because BMW did not lack substantial justification for its position given the lack of clear guidance from this court regarding scheduling PMKs in Song-Beverly cases, Moore's request for sanctions is denied.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |