GOMEZ VALENZUELA vs GENERAL MOTORS, LLC.

25CV025132: GOMEZ VALENZUELA vs GENERAL MOTORS, LLC. 07/27/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. 871.26 in Department 8C

https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

***NOTICE: THIS MATTER WILL BE HEARD IN DEPARTMENT 11B OF THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. PARTIES APPEARING REMOTELY VIA ZOOM SHOULD ENSURE THAT THEY ARE USING THE CORRECT ZOOM LINK AND/OR ZOOM MEETING ID FOR DEPARTMENT 11B, WHICH ARE PROVIDED ABOVE.***

Defendant General Motors LLC’s (“Defendant”) motion for compliance pursuant to Code of Civil Procedure section 871.26 is ruled upon as follows.

Plaintiff Alina Gomez Valenzuela (“Plaintiff”) filed this Lemon Law action on October 20, 2025. On December 17, 2025, Defendant filed a demurrer. In conjunction with the filing of the demurrer, Defendant’s counsel sent Plaintiff’s counsel a meet and confer letter notifying her that since this action was filed after January 1, 2025, it is subject to the provisions enacted by the passage of Assembly Bill 1755. The letter sought to meet and confer regarding entering into a stipulated protective order regarding documents to be produced as part of initial disclosures required under Code of Civil Procedure section 871.26(b), Plaintiff’s deposition pursuant to section 871.26(c)(1), and scheduling mediation as required under section 871.26(d). The letter included a deposition notice for Plaintiff with a deposition date of January 27, 2026.

On January 22, 2026, Plaintiff served objections to the deposition notice on the basis that the date was unilaterally noticed by Defendant. The objections stated that Plaintiff would meet and confer to reschedule the deposition.

On April 10, 2026, Defendant’s counsel emailed Plaintiff’s counsel in an effort to schedule

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV025132: GOMEZ VALENZUELA vs GENERAL MOTORS, LLC. 07/27/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. 871.26 in Department 8C

Plaintiff’s deposition. Plaintiff’s counsel did not respond to this inquiry.

Code of Civil Procedure section 871.26 governs civil actions filed after January 1, 2025 seeking restitution or replacement of a motor vehicle pursuant to Code of Civil Procedure section 871.20. (Code Civ. Proc. § 871.26, subds. (a), (l).) It is undisputed that section 871.26 applies to the present case. Code of Civil Procedure section 871.26(c)(1) provides, “Within 120 days after the filing of the answer or other responsive pleading, all parties have the right to conduct initial depositions, each not to exceed two hours, of the following deponents: (1) The plaintiff.” (Code Civ.

Proc. § 871.26(c)(1).) Subdivision (j)(2) states, “Unless the party failing to comply with this section shows good cause, notwithstanding any other law and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose sanctions as follows: (2) A one-thousandfive-hundred-dollar ($1,500) sanctions against the plaintiff’s attorney paid within 15 business days for failure to comply with the provisions relating to depositions as prescribed in subdivision (c).” (Code Civ. Proc. § 871.26(j)(2).)

In opposition, Plaintiff contends that the reason she did not appear for deposition and that Plaintiff’s counsel did not provide alternative dates is because Plaintiff’s counsel has lost contact with Plaintiff. However, Plaintiff’s counsel offers little in the way of specifics on this communication breakdown with Plaintiff, such as when Plaintiff’s counsel last had contact with Plaintiff and what specific efforts were made to contact Plaintiff within the 120-day timeframe during which Plaintiff was obligated to appear for her deposition.

Indeed, there is no indication of any efforts made before April 16, 2026, the last day for Plaintiff to sit for her deposition in compliance with section 871.26. Moreover, there is no indication that Plaintiff’s counsel ever informed Defendant’s counsel that the failure to provide alternative dates was due to the lack of contact with Plaintiff. On this record, the Court cannot conclude that Plaintiff’s counsel has acted diligently, and thus cannot find good cause. Plaintiff also requests a continuance to August 26, 2026 so that Plaintiff’s counsel can either establish contact with Plaintiff and schedule the deposition or move to withdraw.

But it is unclear what this would accomplish. Plaintiff has still violated section 871.26(c)(1), even if the deposition is scheduled within the next 30 days. Therefore, the request for a continuance is denied.

Accordingly, Defendant’s motion is GRANTED.

Plaintiff shall appear for her deposition by no later than August 24, 2026, or an alternative date agreed to by the parties in writing. Plaintiff’s counsel Strategic Legal Practices, APC is also ordered to pay monetary sanctions to Defendant’s counsel in the amount of $1,500 by no later than August 11, 2026. (Code Civ. Proc. § 871.26(j)(2).)

This minute order is effective immediately. No formal order or other notice is required. (Code

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV025132: GOMEZ VALENZUELA vs GENERAL MOTORS, LLC. 07/27/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. 871.26 in Department 8C

Civ. Proc. § 1019.5; Cal. Rules of Court, rule 3.1312.)