Judge: Christian R. Gullon, Case: 22PSCV00783, Date: 2023-08-08 Tentative Ruling

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Case Number: 22PSCV00783    Hearing Date: August 8, 2023    Dept: O

Tentative Ruling

PLAINTIFFS’ MOTION TO COMPEL DEFENDANT KIA AMERICA, INC. FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO is MOOT.

Background

This is a lemon law case.

On July 27, 2022, Plaintiffs filed suit.

On August 17, 2022, Defendant filed its answer.

On May 15, 2023, Plaintiff filed the instant motion.

On June 2, 2023, Defendant filed its opposition.

On June 9, 2023, Plaintiff filed its reply.

On July 27, 2023, Defendant filed a ‘NOTICE OF FILING OF DECLARATION PURSUANT TO THE COURT’S ORDER DATED JUNE 15, 2023’ (“Filing”).

Discussion

Plaintiffs seek an order compelling Defendant to provide verified, further responses to Plaintiffs’ second set of Requests for Production of Documents (“RFP2”). As provided in the separate statement, the two RFPs at issue seeks any documents and communications “that reflects or refers to Plaintiff(s) being part of the settlement in Hyundai and Kia Engine Litigation, United States District Court for the Central District of California, Case No. 8:17- cv-00838 and Flaherty v Hyundai Motor Company, et al., United States District Court for the Central District of California, Case No. 18-cv-02223.” (See Separate Statement, emphasis added.)

During the June 15, 2023 hearing, the court observed that the matter was moot because Defendant produced a copy of the In re Hyundai and Kia Engine Class Action Settlement Agreement.

However, during the hearing, the court was determined that Plaintiffs’ request that Plaintiffs received notice of the Class Action was appropriate, though not explicitly the subject of the RFPs.

Thus, the court ordered Defendant to provide a copy of the notices and “plaintiff’s name and address where said notice was sent.” (See 6/15/23 Minute Order.) The minute order continued to provide that “[i]f items are received by Plaintiff's Counsel on or before July 17th, 2023, then Plaintiff's Counsel is to notify the Court to take the Hearing on Motion to Compel Further Discovery Responses off calendar.”

On July 27, 2023, Defendant filed a Filing that provided documentation that Plaintiffs received notice. (See Filing Exs. A, B.)

Despite no filing by Plaintiffs to take the motion off calendar, the court determines the motion is moot as Defendant provided the requested documentation.

Conclusion

Based on the foregoing, the motion is moot.