Judge: Daniel S. Murphy, Case: 23STCV24815, Date: 2024-05-01 Tentative Ruling

Case Number: 23STCV24815    Hearing Date: May 1, 2024    Dept: 32

            The Court finds Plaintiff’s discovery to be overly broad and unduly burdensome. If Defendant KIA MOTORS AMERICA, INC. has not already done so, the Court issues the following discovery order:        

1.     Defendant KIA MOTORS AMERICA, INC.CA US LLC (“Defendant”) shall produce the “Warranty Policy and Procedure Manual” published by Defendant and provided to its authorized repair facilities, within the State of California, from date of purchase to present. 

2.     Defendant shall produce any and all Recall Notices and Technical Service Bulletins concerning the subject vehicle.  Defendant is not required to do a search of emails.

3.     Defendant shall produce any customer complaints relating to transmission defects alleged in plaintiff’s complaint in vehicles purchased in California for the same year, make and model of the subject vehicle. Any search shall be limited to source codes used on Plaintiff’s vehicle.

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

5.     Repair orders and invoices concerning the subject vehicle.

6.     Communications with dealer, factory representative and/or call center concerning the subject vehicle.

7.     Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle.

8.     All other requests for further production are DENIED.

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

10.  Production shall be subject to a protective order.

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