Judge: James A. Mangione, Case: 37-2023-00025306-CU-BC-CTL, Date: 2024-07-03 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - July 02, 2024
07/03/2024 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 Motion Hearing (Civil) 37-2023-00025306-CU-BC-CTL ATTAR VS FORD MOTOR COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Plaintiff's Motion to Compel Further Responses to Requests for Production of Documents is continued to August 9, 2024, at 9:00 a.m. to accommodate the Court's below orders.
The parties' declarations indicate that meet and confer efforts have been limited to email exchanges.
The Court orders Counsel to meet and confer telephonically or in person and file a joint statement apprising the Court of the issues resolved and the issues still in dispute. Additionally, the parties are directed to file a joint separate statement containing only the requests and responses; no argument is permitted. The joint separate statement and meet and confer statement are due seven (7) days before the hearing.
To aid parties in their meet and confer efforts, the customary scope of document production includes: 1. Purchase and/or lease contract concerning the subject vehicle.
2. Repair orders and invoices concerning the subject vehicle.
3. Communications with dealer, factory representative and/or call center concerning the subject vehicle.
4. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle.
5. Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, within the State of California, for the date the subject vehicle was purchased to the present.
6. Any internal analysis and/or investigation regarding defects claimed by plaintiff in vehicles for the same year, make and model of the subject vehicle.
7. Documents that evidence any policy and/or procedure used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act, from the date of purchase to the present.
8. Other customers' complaints similar to the alleged defects claimed by plaintiff, limited to vehicles purchased in California for the same year, make and model of the subject vehicle. Here, alleged defects are defined as 'one or more defect(s) in the 10R80 transmission of the Lincoln Navigator vehicles equipped with the [same] 10R80 transmission as the SUBJECT VEHICLE that can result in (1) hesitation or delayed acceleration, (2) harsh or hard shifting, (3) jerking, (4) shuddering, or juddering, (5) symptoms requiring reprogramming of the transmission control module ('TCM') and/or powertrain control module ('PCM') and (6) failure or replacement of the transmission; as well as, any other similar concerns identified in the repair history for the SUBJECT VEHICLE.' 9. Technical Service Bulletins and/or Recall Notices for vehicles purchased in California for the same year, make and model of the subject vehicle, whether mentioned in the repair history of the subject vehicle or not.
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3133953 3 CASE NUMBER: CASE TITLE: ATTAR VS FORD MOTOR COMPANY [IMAGED] 37-2023-00025306-CU-BC-CTL 10. Any documents supporting plaintiff's claim for incidental and/or consequential damages.
The minute order is the order of the Court.
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