Judge: Alison Mackenzie, Case: 22STCV40926, Date: 2023-11-20 Tentative Ruling
Case Number: 22STCV40926 Hearing Date: November 20, 2023 Dept: 55
NATURE OF PROCEEDINGS: Motion To Compel Further Discovery Responses
To Request For Production Of Documents Set One And For Monetary Sanctions
Pursuant To C.C.P. Section 2031.320(b) Against General Motors LLC And Erskine
Law Group, PC. In The Amount Of $2,004.15.
Plaintiffs have filed a motion for an order compelling Defendant to provide verified, supplemental further responses to Request for Production of Document numbers 13-16 and 34-35 and complete document production, because the discovery requests seek relevant information regarding Plaintiff's vehicle, recalls and technical service bulletins for the vehicle, and similar complaints from consumers of the same year, make, and model as the Plaintiff's vehicle, but Defendant has provided unresponsive, evasive, incomplete and non-compliance responses, as specified in the separate statement.
No opposition has been filed as of 11/12/23. The failure to file a proper and timely opposition in trial court creates a waiver of the issues on any appeal. Bell v. Am. Title Ins. Co. (1991) 226 Cal. App. 3d 1589, 1602;The unopposed motion is granted, as prayed.
On or before 12/20/23, Defendant General Motors LLC
shall serve further responses, and produce documents, without objections, and
in full compliance with the California Discovery Act, CCP §2016.010 et seq.,
as to the requests for documents referenced in plaintiffs’ motion and separate
statement, RFP Nos. 13-16, and 34-35.
Additionally, on or before that same date, counsel Erskine Law Group, PC, shall pay discovery sanctions in
the sum of $2,004.15 to plaintiffs, the Court finding the absence of
substantial justification. E.g.,
CCP § 2023.030.