Cortez v. Volkswagen Group of America, Inc. et al.

(35) Tentative Ruling

Re: Cortez v. Volkswagen Group of America, Inc. et al. Superior Court Case No. 24CECG04142

Hearing Date: July 23, 2026 (Dept. 502)

Motion: By Plaintiff Luis Cortez to Compel Deposition of Person Most Knowledgeable

Tentative Ruling:

To grant and order the deposition of the person most knowledgeable of defendant Volkswagen Group of America, Inc. to be conducted on or before July 27, 2026.

Explanation:

Plaintiff Luis Cortez (“Plaintiff”) filed the instant motion to compel the deposition of the person most knowledgeable (“PMK”) for defendant Volkswagen Group of America, Inc. (“Defendant”). On this occasion only and due to the impacted calendar of the court, the court retroactively finds that under the circumstances, a Pretrial Discovery Conference pursuant to Fresno Superior Court Local Rule 2.1.17 would not have been beneficial, and proceeds.

Plaintiff submits, and the court agrees, that the deposition of Defendant’s PMK is relevant and good cause exists to compel the deposition to go forward. Defendant in opposition proffers that Plaintiff’s counsel “maintains a significant number of cases against [Defendant] and has taken over a thousand depositions of [Defendant’s] PMK” and that this is indicative that Defendant is cooperative with the requests. What occurs outside of the four corners of this case is irrelevant to this deposition. What is relevant is that Defendant’s opposition submits that the motion is moot due to the parties’ agreement to conduct the deposition on July 16, 2026.

Almost on prediction that the deposition would not occur or would suffer delay, the opposition continues that Defendant requests the court conduct a discovery conference if the PMK deposition was not completed on July 16, 2026. Plaintiff represents on reply that counsel for Plaintiff attended the deposition as scheduled, and Defendant, and the deponent, failed to appear. (Hozven Decl., ¶ 6.) Following further meet and confer efforts, the parties appear to have set a future date of July 22, 2026, 10:00 a.m. for the deposition. Accordingly, the motion is granted to avoid further potential delay.1

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order