Judge: Gary I. Micon, Case: 22CHCV00666, Date: 2024-02-26 Tentative Ruling
Case Number: 22CHCV00666 Hearing Date: March 20, 2024 Dept: F43
Dept. F-43
Date: 3-20-24
Case # 22CHCV00666, Alma Vargas vs.
General Motors, LLC
Trial Date: 4-22-24
MOTION TO COMPEL
FURTHER DISCOVERY RESPONSES
MOVING PARTY: Plaintiff Alma Vargas
RESPONDING PARTY: Defendant General
Motors, LLC
RELIEF REQUESTED
Further Responses to Defendant’s Answers
to Plaintiff’s Requests for Production
RULING: Parties are ordered to conduct a
meaningful meet and confer
SUMMARY OF ACTION AND ANALYSIS
On August 19, 2022, Plaintiff Alma Vargas
(Plaintiff) filed this lemon law case against Defendant General Motors, LLC
(Defendant).
Plaintiff propounded discovery on
Defendant on August 17, 2023. On September 18, 2023, Defendant served responses
to Plaintiff’s requests for production. On December 5, 2023, Plaintiff filed a
motion to compel further responses to the requests for production. Plaintiff
argues that Defendant responses to Request Nos. 1, 2, 3, 7, 8, 9, 12, 17, 19,
22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 65, 73, 75, 76, and 79 were
inadequate, and Defendant’s objections were without merit.
On
February 26, 2024, the Court called the matter for hearing and stated that it
will not decide the motion on the merits as there is a dispute between the
parties over the sufficiency of the meet and confer. The Court ordered the following: (1) the
parties to conduct a meaningful meet and confer; and (2) the parties shall
submit a joint statement of the remaining issues no later than March 11, 2024.
(Minute Order 2/26/24.)
On
March 12, 2024, Plaintiff’s counsel filed a supplemental declaration in support
of the motion. Counsel attests she sent
opposing counsel emails in efforts to schedule a telephonic meet and confer
regarding the discovery dispute, but Defendant never responded. (Declaration of
Nino Sanaia, ¶ 3;
Ex. “1.”)
The parties have not done as the Court
had ordered on February 26, 2024. The
Court will not decide the motion on the merits until the parties meet and
confer directly and submit a joint statement of the remaining issues per the
Order of February 26. Accordingly, the matter is continued to allow the parties
to comply with the Court’s Order. The parties shall file a joint statement of
remaining issues by a date to be set by the Court.