Judge: Daniel S. Murphy, Case: 21STCV39515, Date: 2023-01-04 Tentative Ruling

Case Number: 21STCV39515    Hearing Date: January 4, 2023    Dept: 32

BACKGROUND

            On October 26, 2021, Plaintiff Benjamin Keiser initiated this action against Defendant FCA USA, LLC (“FCA”), concerning a Lemon Law action.  At issue is a motion to compel further responses filed by Defendant FCA against Plaintiff.

LEGAL STANDARD

On receipt of a response to a request for inspection, the demanding party may move for an order compelling further responses to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310, subd. (a).)

MEET AND CONFER

Motions to compel further responses must be accompanied by a meet and confer declaration demonstrating an attempt to resolve the issue informally. (Code Civ. Proc.,       §2031.310(b)(2).) The Court finds that Plaintiff has satisfied the meet and confer requirement. (

DISCUSSION

I. Requests for Production

            Defendant FCA propounded ten (10) requests for documents specifically relating to the Subject Vehicle.  Plaintiff has failed to provide Code-Compliant responses. Plaintiff’s objections are without merit.

nding its responses with evasive responses and meritless objections.

The motion is GRANTED as to RFPs Set One. If Defendant withholds documents based on privilege, it shall produce a privilege log. (See Code Civ. Proc., § 2031.240(c)(1).)

CONCLUSION

            Defendant FCA’s motion to compel further responses are GRANTED.  Plaintiff shall produce further responses without objection within 15 days. Sanctions are DENIED (See, California Code of Civil Procedure §2023.040.)