Judge: Cherol J. Nellon, Case: 23STCV15179, Date: 2024-03-20 Tentative Ruling

Case Number: 23STCV15179    Hearing Date: March 20, 2024    Dept: 14

Chavez v Imperial Auto Sales

Case Background

Plaintiff bought a 2014 Nissan Sentra from Defendants. She now alleges a breach of the warranty that came with the vehicle.

            On June 29, 2023, Plaintiff filed her Complaint for Violation of Song-Beverly Consumer Warranty Act against Defendants Imperial Auto Sales, Inc. (“Imperial”), Luna Financial, LLC (“Luna”), and DOES 1-100.

            On August 30, 2023, Plaintiff filed an “Amendment to Complaint” substituting Defendant Carlos Filiberto Reynaga, Jr. dba Imperial Auto Sales (“Reynaga”) in lieu of DOE 1.

            On October 16, 2023, Defendant Luna filed its Answer.

            On October 20, 2023, Defendant Reynaga filed his Answer.

            Bench Trial is currently set for August 5, 2024.

Instant Motions

Plaintiffs now moves this court, per Code of Civil Procedure §§ 2030.290 and 2031.300 for orders compelling Defendant Reynaga to serve initial responses to Plaintiff’s Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Requests for Production, Set No. One.

Decision

The motions are GRANTED. Defendant Reynaga is to serve responses, without objections, within 30 days. Defendants David and Julian shall also pay $760 in sanctions for each motion, or $1,520.00 in total, jointly and severally, to Plaintiff’s counsel within 30 days.

The motions are unopposed. The lack of an opposition operates as a concession that the motion has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.