Judge: Holly J. Fujie, Case: 22STCV06646, Date: 2023-03-09 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 22STCV06646    Hearing Date: March 9, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

RESPONDING PARTY: Defendant Kia America, Inc. (“Defendant”)

            The Court has reviewed the moving, opposition and reply papers.   

BACKGROUND

Plaintiff’s complaint (the “Complaint”) alleges: (1) breach of express warranty under the Song Beverly Act; (2) breach of implied warranty under the Song-Beverly Act; and (3) violation of Civil Code section 1793.2, subdivision (b).

On August 25, 2022, following an Informal Discovery Conference (“IDC”), the Court issued an order requiring Defendant to serve Plaintiff with supplemental responses to Plaintiff’s Special Interrogatories, Set One (“SPROGs”) numbers 14, 39, and 43 and Plaintiff’s Requests for Production, Set One (“RFPs”).

On January 9, 2023, Plaintiff filed a motion to compel Defendant’s compliance with its discovery responses (the “Motion”) consistent with the Court’s August 25, 2022 IDC order. 

DISCUSSION

Under California Code of Civil Procedure (“CCP”) section 2031.320, subdivision (a), if a party filing a response to a demand for inspection, copying, testing, or sampling thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.  (CCP section 2031.320, subd. (a).)

            Following the August 25, 2022 IDC, Defendant provided supplemental responses on November 8, 2022.  (Declaration of Pouyan Bohloul (“Bohloul Decl.”) ¶ 19.)  Although Plaintiff thereafter contacted Defendant with ongoing concerns about the sufficiency of Defendant’s responses, Defendant did not serve further supplemental responses.  (See Bohloul Decl. ¶¶ 20-21, Exhibit R.)

            In its opposition (the “Opposition”), Defendant contends that its supplemental document production is complete and compliant.  Based on a review of the Motion and Opposition, it appears that Defendant’s responses remain incomplete.  Defendant has not produced its Warranty Policies and Procedures Manual, Workshop Manual, or complete Call Matrix, or produced portions of these documents with the exception of any portions identified in a privilege log.  The Court therefore GRANTS the Motion.  Defendant is ordered to serve documents and/or a privilege log in compliance with the Court’s August 25, 2022 IDC Order within 20 days of this order.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.  

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

          Dated this 9th day of March 2023