Judge: Daniel S. Murphy, Case: 23STCV17019, Date: 2024-02-02 Tentative Ruling

Case Number: 23STCV17019    Hearing Date: February 2, 2024    Dept: 32

 

FARAZ ZUBAID, an individual, and

ROMMEL LEONHARDT ZUBAID, an

individual,

 

                         Plaintiffs,

            v.

 

VOLKSWAGEN GROUP OF AMERICA,

INC.; et al.,  

 

                        Defendants.

 

  Case No.:  23STCV17019

 

  Hearing Date:  February 2, 2024

 

       [TENTATIVE] order RE:

MOTION TO COMPEL FURTHER RESPONSES TO Plaintiffs’ request for production of documents

 

 

 

 

 

Background

            Plaintiffs FARAZ ZUBAID and  ROMMEL LEONHARDT ZUBAID (Plaintiffs) commenced this action against Defendants BMW of North America (Defendant) on July 20, 2023.  The Complaint asserts causes of action for violations of the Song Beverly statute.  Plaintiff’s claims arise from his purchase of a 2018 Audi Q5 (Vehicle).

DISCUSSION

The Court finds Plaintiff’s discovery to be overly broad and unduly burdensome. If Defendant has not done so already, the Court issues the following documents to be provided to plaintiff:

1.     Defendant shall produce the “Warranty Policy and Procedure Manual” published by Defendant and provided to its authorized repair facilities, within the State of California, for the period of date of purchase of the subject vehicle to present. 

2.     Defendant shall produce any Recall Notices and Technical Service Bulletins regarding defects alleged in plaintiff’s complaint for vehicles for the same year, make, and model of the subject vehicle.  Defendant is not required to do a search of emails.

3.     Defendant shall produce all documents evidencing policies and procedures used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act, for the period of date of purchase of the subject vehicle to present.

4.     Defendant shall produce all repair orders and invoices concerning the subject vehicle.

5.     Defendant shall produce all communications with dealer, factory representative and/or call center concerning the subject vehicle.

6.     Defendant shall produce all warranty claims submitted to and/or approved by Defendant concerning the subject vehicle.

7.     All other requests for further production are DENIED.

8.     Defendant shall provide supplemental responses in compliance with this order within 45 days of this order.     

9.     The Court does not award sanctions as it finds both sides acted with substantial justification   

IT IS SO ORDERED.