Judge: Holly J. Fujie, Case: 22STCV10932, Date: 2023-04-06 Tentative Ruling

Case Number: 22STCV10932    Hearing Date: April 6, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiffs

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

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

BACKGROUND

            Plaintiffs’ complaint (the “Complaint”) alleges causes of action arising from the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant.  On February 10, 2023, Plaintiffs filed a motion to compel further responses to the Requests for Production (“RFPs”), Set One that were served on Defendant (the “Motion”). 

DISCUSSION

Meet and Confer

            As an initial matter, the Court finds that the meet and confer requirement has been met.

Legal Standard

Under California Code of Civil Procedure (“CCP”) section 2017.010, unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.  (CCP § 2017.010.)  For discovery purposes, information is regarded as relevant “if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement thereof.”  (City of Los Angeles v. Superior Court (2017) 9 Cal.App.5th 272, 288.)

A motion to compel further responses to a demand for inspection or production of documents may be brought based on: (1) incomplete statements of compliance; (2) inadequate, evasive or incomplete claims of inability to comply; or (3) unmerited or overly generalized objections.  (CCP § 2031.310, subd. (c).)  A motion to compel further production must set forth specific facts showing good cause justifying the discovery sought by the inspection demand.  (See CCP § 2031.310 subd. (b)(1).)  The good cause requirement is met if the proponent shows that there exists “a disputed fact that is of consequence in the action and the discovery sought will tend in reason to prove or disprove that fact or lead to other evidence that will tend to prove or disprove the fact.”  (Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216, 224.)

If the moving party has shown good cause for the requests for production, the burden is on the objecting party to justify the objections.  (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.)  The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.  (CCP § 2017.020, subd. (a).)  Generally, objections on the ground of burden require the objecting party to produce evidence of: (1) the propounding party’s subjective intent to create burden; or (2) the amount of time and effort it would take to actually respond.  (See West Pico Furniture Co. of Los Angeles v. Superior Court In and For Los Angeles County (1961) 56 Cal.2d 407, 417.)  Where discovery is obviously overbroad on its face, no such evidence is necessary.  (See Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.)  Trial courts are vested with “wide discretion” to allow or prohibit discovery.  (Williams v. Superior Court (2017) 3 Cal.5th 531, 540.)

Plaintiffs propounded the RFPs on September 7, 2022.  (Declaration of Elvira Kamosko (“Kamosko Decl.”) ¶ 5, Exhibit A.)  Defendant provided its responses on October 25, 2022.  (Kamosko Decl. ¶6, Exhibit B.)  The RFPs seek documents concerning defects in vehicles with the same make, model and model year as the Vehicle, including internal investigations, TSBs, campaigns, and recalls; and Defendant’s lemon law policies and procedures.  (See Kamosko Decl. ¶ 7.)  

The Court finds that there is good cause to require Defendant to produce documents that contain information about alleged defects in other vehicles because such information may be probative of whether Defendant willfully violated the Song-Beverly Act.  Furthermore, Defendant’s responses do not contain proper statements of compliance.  (See CCP §§ 2031.210-2031.240.)  To the extent that such documents have not yet been produced, the Court GRANTS the Motion and orders Defendant to provide supplemental responses that include the following documents:

1.     Warranty policy and procedure manuals or similar policies or claim handling procedures that Defendant published from the date the Vehicle was purchased to the date the lawsuit was filed;

2.     Written statements of policy and/or procedures Defendant used to evaluate customer requests for repurchase or replacement for lemon law claims from the date the Vehicle was purchased to the date the lawsuit was filed;

3.     A list or compilation of customer complaints in Defendant’s electronically stored information database that are substantially similar to the alleged defects claimed by Plaintiffs (same nature of reported symptom, malfunction, dashboard indicator light, or other manifestation of a repair problem, other than routine or scheduled maintenance items), in vehicles purchased in California for the same year, make and model of the Vehicle.  This list or compilation shall include the VIN, date of repair visit, dealership or other reporting location, and text of other customers’ reported complaints, but shall not include customer names, addresses, phone numbers, email addresses, or other personal identifying information;

4.     TSBs and recall notices for vehicles purchased or leased in California for same year make model of the Vehicle; and

5.     Copies of any repair instruction bulletin or diagnostic/repair procedure identified in any of the repair order.

Defendant is also ordered to provide proper statements of compliance.  These responses are to be produced within 20 days of this order.

Monetary Sanctions

            In connection to the Motion, Plaintiffs seek $2,125 in monetary sanctions.  (Kamosko Decl. ¶ 17.)  This amount represents: (1) three hours drafting the moving papers at an hourly rate of $295 per hour; (2) an anticipated two hours reviewing the opposition papers and drafting the reply papers; (3) an anticipated two hours preparing for and attending the hearing; and (4) $60 in filing fees.  (Kamosko Decl. ¶¶ 15-16.)

            The Court exercises its discretion and awards Plaintiffs monetary sanctions in the reasonable amount of $650, which represents two hours preparing the Motion at an hourly rate of $295 per hour and $60 in filing fees.  (Moran v. Oso Valley Greenbelt Assn. (2004) 117 Cal.App.4th 1029, 1034.)  This amount is to be paid within 20 days of the date 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 6th day of April 2023