Judge: Andrew E. Cooper, Case: 22CHCV00970, Date: 2023-12-13 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F51, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2251.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 22CHCV00970    Hearing Date: December 13, 2023    Dept: F51

MOTION TO COMPEL FURTHER DISCOVERY RESPONSES

Motion filed: 11/8/23

MOVING PARTY: Plaintiff Arman Petrosyan (“Plaintiff”)

RESPONDING PARTY: Defendant General Motors, LLC (“Defendant”)

NOTICE: ok

RELIEF REQUESTED: An order compelling further responses to Plaintiff’s Requests for Production of Documents (“RFPs”), Set One, Nos. 1–70 within 10 calendar days. Plaintiff further requests monetary sanctions to be imposed against Defendant and its attorneys in the amount of $3,180.50.

TENTATIVE RULING: The motion is granted. Defendant to provide further code-compliant responses to Plaintiff’s first set of RFPs, Request Nos. 1–70 within 30 days. The Court imposes sanctions against Defendant in the amount of $790.00.

The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (particularly bookmarking declarations and exhibits). (Cal. Rules of Ct., rule 3.1110(f)(4).) Plaintiff is further reminded that “except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. … No reply or closing memorandum may exceed 10 pages.” (Cal. Rules of Ct., rule 3.1113(d).) Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions.

BACKGROUND

Plaintiff brings this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle he purchased on or around 3/11/21, which was manufactured and distributed by Defendant. (Compl. ¶¶ 3–4, 11.) Plaintiff alleges that “the Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, electrical, emission, and transmission system defects,” that Defendant knew of such defects, and “was unable to repair it after a reasonable number of repair opportunities.” (Id. at ¶¶ 13, 28, 56.)

On 10/25/22, Plaintiff filed his complaint, alleging against Defendant the following causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of Song-Beverly Act Section 1793.2; and (4) Fraud – Fraudulent Inducement – Concealment. On 12/13/22, Defendant filed its answer.

On 9/5/23, Plaintiff served his Requests for Production of Documents, Set One, on Defendant. (Decl. of Kevin Y. Jacobson ¶ 29.) On 10/5/23, Defendant served its responses thereto. (Id. at ¶ 30.)

On 11/8/23, Plaintiff filed the instant motion to compel further responses to his RFPs, Set One. On 11/30/23, Defendant filed its opposition. On 12/6/23, Plaintiff filed his reply.

ANALYSIS

California law requires a responding party to respond to each request for production of documents with either a statement of compliance, a representation that the party lacks the ability to comply, or an objection to the demand. (Code Civ. Proc. § 2031.210, subd. (a).) 

If the response includes an objection to the demand in part, it must also include a statement of compliance or noncompliance as set forth above. (Code Civ. Proc. § 2031.240, subd. (a).) Additionally, the response must (1) identify the particular document that falls within the category of the request to which the objection is being made, and (2) expressly set forth the extent of, and specific ground for, the objection. (Id., subd. (b).) A propounding party may move for an order compelling further response to a discovery request if it decides that “an objection in the response is without merit or too general.” (Code Civ. Proc. § 2031.310, subd. (a).) 

Here, Plaintiff seeks to compel additional responses to his first set of RFPs, specifically to request Nos. 1–70, which are broadly divisible into the following six categories: “(1) Plaintiff’s own vehicle (Request Nos. 1-14); (2) Defendant’s warranty and repurchase policies, procedures, and practices (Request Nos. 15-20); (3) Defendant’s internal and regulatory investigations and analysis relating to transmission defects in the Hydra-Matic Vehicles (Request Nos. 21-35, 50-60); (4) publications, including service bulletins, prepared by GM relating to similar defects (Request Nos. 36-49); (5) communications between Defendant and government agencies concerning the Transmission Defects in Hydra-Matic Vehicles (Request Nos. 61-66); and (6) consumer complaints exhibiting similar defects in similar vehicles as the Subject Vehicle (Request Nos. 67-70).” (Pl.’s Mot. 2:21–28.) Plaintiff further argues that the motion is warranted because Defendant unjustifiably refused to respond to the requests and made meritless, boilerplate objections thereto.

//

///

A.    Meet and Confer 

A motion to compel further discovery responses must be accompanied by a meet and confer declaration stating “facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc. §§ 2031.310, subd. (b)(2); 2016.040.) 

Here, Plaintiff’s counsel declares that on 10/10/23, he sent Defendant’s counsel a meet and confer letter raising the issues set forth in the instant motion. (Jacobson Decl. ¶¶ 38–44.) On 10/17/23, Defendant’s counsel responded that Defendant would not produce any additional responsive documents. (Id. at ¶ 45.) While the parties each dispute the good-faith nature of opposing counsel’s meet and confer efforts, the Court finds that counsel has satisfied the preliminary meet and confer requirement under Code of Civil Procedure section 2031.310, subdivision (b)(2). 

B.     Defendant’s Objections

Here, Plaintiff argues, in part, that Defendant’s objections to his first set of RFPs are without merit. (Pl.’s Mot. 11:16–17; Code Civ. Proc. § 2031.310, subd. (a).) Defendant objected to each request at issue as follows: 

“GM objects to this Request on grounds it is overbroad, unduly burdensome, oppressive, and seeks documents that are irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as it is not limited to the issues in this action. GM also objects to the extent this Request seeks confidential, proprietary and trade secret information. GM further objects to this Request to the extent it seeks information protected by the attorney-client privilege and/or work-product doctrine.”

(Ex. 6 to Jacobson Decl.)

a.                   Scope/Relevance 

Discovery is relevant if it is admissible as evidence, or “appears reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc. § 2017.010.) “Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action.” (Ibid.) 

Here, Plaintiff argues that Defendant’s objections to the subject RFPs on the basis that they seek irrelevant matter are meritless because the requested documents “are highly relevant to support whether Defendant failed to abide by its duties under the law and whether its denial of Plaintiff’s prelitigation buy-back request was willful,” and are “will help Plaintiff understand the circumstances behind the recurring symptoms, issues, or problems Plaintiff experienced with the Subject Vehicle, as well as Defendant’s knowledge or awareness of the defective nature of the Subject Vehicle.” (Pl.’s Mot. 9:5–6, 9:17–19.)

Defendant argues in opposition that “documents about other vehicles or the design of the Silverado are irrelevant to the pending claims.” (Def.’s Opp. 5:8.) “This breach of warranty case is about Plaintiff’s Silverado and repairs to that Silverado under warranty. GM has already produced all of the documents relevant to Plaintiff’s breach of warranty claims. GM maintains its objections that documents about other vehicles, complaints from or by other consumers, or the design of specific component systems or parts are not relevant to Plaintiff’s claim that GM failed to repair his Silverado within a reasonable number of attempts, rendering Plaintiff’s Motion unwarranted.” (Id. at 4:10–15 [emphasis in original].)

The Court finds that Plaintiff has provided sufficient cause for production of the subject documents. (Code Civ. Proc. § 2031.310, subd. (b)(1).) In order to obtain civil penalties under the Song-Beverly Act, a plaintiff must establish that the defendant’s failure to comply was willful, which may be based on the defendant’s knowledge of a certain defect. (Civ. Code § 1794, subd. (c).) Information regarding vehicles other than Plaintiff’s is relevant to the subject matter of this action as it could assist Plaintiff in proving Defendant’s willful violation of the Song-Beverly Consumer Warranty Act. Documents responsive to these requests may reasonably lead to the discovery of information as to the nature and duration of the defects, Defendant’s knowledge of the defects, and Defendant’s inability to repair the defects. While the cases relied on by Plaintiff (i.e., Donlen v. Ford Motor Co. (2013) 217 Cal.App.4th 138; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967) may not involve the exact circumstance before this Court, they are sufficient to show that the requested information could itself be admissible or lead to the discovery of admissible evidence in this case.

Based on the foregoing, the Court finds that Defendant’s relevance objections to Plaintiff’s Request Nos. 1–70 are without merit.

b.                  Undue Burden

Plaintiff further argues that Defendant’s objections to his first set of RFPs on the basis that they are unduly burdensome and oppressive are meritless absent any additional showing of any such undue burden or oppression. (Pl.’s Mot. 13:6–11.) The party objecting to a discovery request on this basis bears the burden of supplying evidence of “the quantum of work required.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549.) 

“If a party objects to the discovery of electronically stored information on the grounds that it is from a source that is not reasonably accessible because of undue burden or expense and that the responding party will not search the source in the absence of an agreement with the demanding party or court order, the responding party shall identify in its response the types or categories of sources of electronically stored information that it asserts are not reasonably accessible. By objecting and identifying information of a type or category of source or sources that are not reasonably accessible, the responding party preserves any objections it may have relating to that electronically stored information.” (Code Civ. Proc. § 2031.210, subd. (d) [emphasis added].)

In opposition, Defendant observes that Plaintiff has propounded 186 total discovery requests, and Defendant has already produced various requested documents in response to Plaintiff’s first set of RFPs. (Def.’s Opp. 1:3–21.) However, the Court notes that Defendant has not supplied evidence to show the “quantum of work required” to respond in full to Plaintiff’s first set of RFPs as requested in the instant motion, nor has Defendant stated the categories of sources of ESI that are not reasonably accessible. Accordingly, the Court finds that Defendant’s objections to the requests to the extent that they are unduly burdensome or oppressive are without adequate support and agrees with Plaintiff that Defendant has waived any objections it may assert relating to ESI.

c.                   Trade Secrets 

Defendant objected to RFP Nos. 1–70 on the basis that each request “seeks confidential, proprietary and trade secret information in the form of GM’s internal policies and procedures.” (Ex. 6 to Jacobson Decl.) Evidence Code section 1060 provides that the owner of a trade secret has a privilege to refuse to disclose the secret and to prevent others from disclosing it, unless allowing the privilege will conceal fraud or result in injustice. A party that is claiming the trade secret privilege has the burden of proving the party's entitlement to that privilege. (Amgen Inc. v California Correctional Health Care Servs. (2020) 47 Cal.App.5th 716, 733.)

“‘Trade secret’ means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Civ. Code § 3426.1, subd. (d).)

Here, Defendant argues that “the documents Plaintiff seeks may relate to and contain confidential communications between GM employees and GM’s suppliers and/or sub-suppliers concerning technical, mechanical, and commercial issues and analyses.” (Def.’s Opp. 6:25–27.) “Because the wholesale disclosure of GM’s internal, confidential materials would cause GM competitive harm, GM should not be compelled to produce any additional documents without Plaintiff having satisfied his heightened burden to show why he needs the documents in this breach of warranty case, which Plaintiff has not done.” (Id. at 7:17–20.)

In support of its argument, Defendant offers the sworn declaration of Huizhen Lu, a Senior Manager/Technical Consultant of Engineering Analysis employed with Defendant, attesting that the documents sought may include, “design specifications, evaluations, and performance analysis relative to specifications, material selection, cost, and quality. Such information is not generally available to the public. GM LLC derives value from this information’s confidentiality and would be harmed by the loss of confidentiality. Consequently, GM LLC makes considerable effort to keep this information confidential.” (Ex. B to Decl. of Jesse Valencia, ¶ 11.)

The Court notes that Defendant appears to be amenable to a protective order, which would protect against the disclosure of any claimed private, trade secret or confidential proprietary information. Based on the foregoing, the Court finds that production of any documents Defendant contends contain trade secret or confidential proprietary information shall be so designated and may be subject to a protective order.

As set forth above, Defendant’s objections to the subject requests are stricken/overruled, therefore the Court orders Defendant to provide further code-compliant responses to these requests and produce further documents accordingly within 30 days. Production of any documents Defendant contends contain trade secret or confidential proprietary information shall be so designated and will be subject to the stipulated protective order.

C.    Sanctions 

“The court shall impose a monetary sanction … against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response to a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. § 2031.310, subd. (h).) 

Here, Plaintiff requests sanctions in the total amount of $3,180.50 to be imposed on Defendant. This amount includes: (1) 5.7 hours of Plaintiff’s attorney’s time working on this motion, at his hourly billing rate of $395.00 per hour; (2) an anticipated 1.2 hours reviewing Defendant’s opposition and drafting a reply; (3) an anticipated 1 hour preparing for and attending the instant hearing; and (4) a $60.00 filing fee. (Jacobson Decl. ¶¶ 48–50.) Defendant argues in opposition that it acted with substantial justification in objecting to the overbroad requests. (Def.’s Opp. 8:9–10.)

In granting the instant motion, the Court finds it reasonable to award Plaintiff sanctions against Defendant in the amount of $790.00.

CONCLUSION

The motion is granted. Defendant to provide further code-compliant responses to Plaintiff’s first set of RFPs, Request Nos. 1–70 within 30 days. The Court imposes sanctions against Defendant in the amount of $790.00.