Judge: James A. Mangione, Case: 37-2022-00031856-CU-BC-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00031856-CU-BC-CTL GIRON CUEVA VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Marco Giron Cueva's Motion to Compel Further Response to Special Interrogatories is granted in part.

Interrogatory Nos. 25 & 31 Policies and procedures regarding compliance with the Song-Beverly Act are relevant to the issue of willfulness for civil penalties. (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 136.) The Court finds that Interrogatory Nos. 25 and 31 seek discoverable information related to Defendant's policies and procedures and relevant to the issue of civil penalties. Therefore, Plaintiff's motion is granted as to these interrogatories. However, the Court limits Interrogatory No. 25 to 'training materials' rather than 'all training'.

Rog Nos. 45-48 These interrogatory requests seek a large amount of data subject to multiple types of calculation and analysis. This is a single vehicle Song-Beverly Act claim. Such extensive discovery is not warranted and is unlikely to lead to the discovery of admissible evidence. Therefore, Plaintiff's motion is denied as to these interrogatories.

All requests for sanctions are denied.

The minute order is the order of the Court.

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