Judge: Christian R. Gullon, Case: 22PSCV02270, Date: 2023-06-29 Tentative Ruling
Case Number: 22PSCV02270 Hearing Date: June 29, 2023 Dept: O
Tentative Ruling
PLAINTIFFS’ MOTION TO COMPEL FURTHER DISCOVERY RESPONSES
FROM DEFENDANT, AND REQUEST FOR SANCTIONS – FIRST SET OF REQUEST FOR PRODUCTION
OF DOCUMENTS is CONTINUED as the parties are to further meet and
confer.
Background
This is a lemon law case.
On December 2, 2022, Plaintiffs MIGUEL JIMENEZ MARTINEZ aka
MIGUEL M JIMENEZ and OLGA JIMENEZ filed suit for SBA violations.
On May 10, 2023, Plaintiffs filed the instant motion.
On June 13, 2023, Defendant filed its opposition.
On June 22, 2023, Plaintiffs filed their reply.
Discussion
Plaintiff seeks further production of documents as to RFPs
16, 19-32 and 45-46.
The court continues the hearing for further meet and confer
efforts for a couple of reasons.
First, the separate statement of 130 pages merely provides
boilerplate and conclusive explanations as to why further document production
is warranted; that does not aid the court in understanding the relevancy of
the information sought in a basic SBA case. Documents about other complaints
from or by other consumers, or the design of specific component systems or
parts are not relevant to Plaintiffs’ claim that GM failed to repair their
vehicle within a reasonable number of attempts.
Second, as explained by Defendant, Plaintiffs served 157
discovery requests on GM: 46 Requests for Production, 27 Form Interrogatories,
49 Special Interrogatories, and 35 Requests for Admission. GM responded to all
157 plus requests and, to date, has produced all these materials, suggesting
that Plaintiffs already have access to a plethora of relevant information.
Therefore, as neither Plaintiff’s motion nor separate
statement make it clear as to the relevancy of the documents, the court orders
the parties to meet and confer to resolve the matters. Prior to the continued
hearing, Plaintiff is to submit a supplemental meet and confer declaration that
concisely explains the relevancy of each RFP and as supported by a couple of
cases that are instructive on the RFPs (with an appropriate analysis to the
case).
Conclusion
Based on the foregoing, the motion is continued for the
parties to further meet and confer. Prior to the next hearing date, Plaintiff
is to file a supplemental separate statement that provides, in a few sentences,
the relevancy of each RFP sought with citation to a couple of relevant cases
with a proper analysis.