Judge: Daniel S. Murphy, Case: 24STCV06311, Date: 2024-09-04 Tentative Ruling

Case Number: 24STCV06311    Hearing Date: September 4, 2024    Dept: 32

 

Andre johnson,  

                        Plaintiff,

            v.

 

volkswagen group of america, INC.; et al.,  

 

                        Defendants.

 

  Case No.:  24STCV06311

 

  Hearing Date:  September 4, 2024

 

[TENTATIVE] order RE:

plaintiff’s motion to compel further responses to requests for production of documents

 

 

BACKGROUND

This is a lemon law action.  Plaintiff Andre johnson (“Plaintiff”) sued Defendant Volkswagen Group of America, Inc. (“Defendant”) for violations of the Song-Beverly Consumer Warranty Act.  Plaintiff filed her complaint on March 13, 2024,  regarding defects with her 2022 Volkswagen Atlas (“the Vehicle”).

DISCUSSION

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

1.     Defendant Volkswagen Group of america, Inc. (“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 any customer complaints relating to “brakes making a grinding noise” in vehicles purchased in California for the same year, make and model of the subject 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, for the period of date of purchase of the subject vehicle 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.  The Court does not award sanctions as it finds both sides acted with substantial justification.