Judge: Joel L. Lofton, Case: 22AHCV00022, Date: 2023-05-09 Tentative Ruling
Case Number: 22AHCV00022 Hearing Date: May 9, 2023 Dept: X
Tentative Ruling
Judge Joel L. Lofton,
Department X
HEARING DATE: May
9, 2023 TRIAL DATE: August 8, 2023
CASE: REBECCA VALDEZ, an
individual, v. KIA AMERICA, INC. and DOES 1 through 50, inclusive.
CASE NO.: 22AHCV00022
MOTION
TO COMPEL FURTHER
MOVING PARTY: Plaintiff Rebecca Valdez
RESPONDING PARTY: Defendant
Kia America, Inc. and DOES 1 through 50, inclusive.
SERVICE: Filed March 13, 2023
OPPOSITION: Untimely filed April 28, 2023
REPLY: Filed May 2, 2023
RELIEF
REQUESTED
Plaintiff moves to compel
further responses to her requests for production of documents.
BACKGROUND
This case arises from Plaintiff
Rebecca Valdez’s lemon law claim for the purchase of a 2021 Kia Sorento,
Vehicle Identification Number 5XYRL4LC3MG009433 (“Subject Vehicle”). Plaintiff
filed this complaint on January 12, 2022, alleging four causes of action for:
(1) violation of Civil Code section 1793.2, subdivision (d), (2) violation of
Civil Code section 1793.2, subdivision (b), (3) violation of Civil Code section
1793.2, subdivision (a)(3), and (4) breach of express written warranty.
TENTATIVE RULING
Plaintiff’s
motion to compel further is granted.
Defendant
is ordered to provide further responses to RFP numbers 10, 12, 13, 27, 28, 29,
and 30.
LEGAL STANDARD
On receipt of a response to discovery requests, the party requesting may
move for an order compelling further responses for interrogatories (Code Civ.
Proc. 2030.300), requests for admission (Cod. Civ. Proc. section 2033.290), and
request for production (Code Civ. Proc. section 2031.310). “Unless notice of
this motion is given within 45 days of the service of the verified response, or
any supplemental verified response, or any specific later date to which the
requesting party and the responding party have agreed in writing, the
requesting party waives any right to compel further response to the requests
for admission.” (Code Civ. Proc. section 2033.290, subd. (c).)
DISCUSSION
Plaintiff provides she served written
discovery, including her requests for the production of documents set one, on
May 10, 2022. (Cohen Decl. ¶ 5.) Plaintiff provides
Defendant served written responses on July 12, 2022. Plaintiff provides the
parties agreed to various extensions, with the applicable deadline to file a
motion to compel further responses being extended to March 13, 2023. (Id. ¶
13.)
RFP No. 10: All DOCUMENTS,
including electronically stored information and electronic mails, concerning or
relating to any internal analysis or investigation by YOU or on YOUR behalf
regarding the POWERTRAIN DEFECTS in vehicles of the same year, make, and model
as the SUBJECT VEHICLE. [This request shall be interpreted to include, but not
be limited to, any such investigation to determine the root cause of such
POWERTRAIN DEFECT, any such investigation to design a permanent repair
procedure for such POWERTRAIN DEFECTS, any such investigation into the failure
rates of parts associated with such POWERTRAIN DEFECT, any costs analysis for
implementing a proposed repair procedure, any savings analysis not implementing
a proposed repair procedure, etc.]
RFP No. 11:
All DOCUMENTS, including electronically stored information and electronic
mails, concerning any decision to issue any notices, letters, campaigns,
warranty extensions, technical service bulletins and recalls concerning the
POWERTRAIN DEFECT in vehicles of the same year, make, and model as the SUBJECT
VEHICLE.
RFP No. 12: All DOCUMENTS, including
electronically stored information and electronic mails, concerning customer
complaints, claims, reported failures, and warranty claims related to the POWERTRAIN
DEFECT vehicles of the same year, make, and model as the SUBJECT VEHICLE.
RFP No. 13: All DOCUMENTS, including
electronically stored information and electronic mails, concerning failure
rates of vehicles of the same year, make, and model as the SUBJECT VEHICLE as a
result of the POWERTRAIN DEFECT.
RFP No. 27: All DOCUMENTS, including
electronically stored information and electronic mails, regarding any
communications between YOU and National Highway Traffic Safety Administration
(“NHTSA”)) regarding the POWERTRAIN DEFECT in vehicles of the same year, make,
and model as the SUBJECT VEHICLE.
RFP No. 28: All National Highway
Traffic Safety Administration (“NHTSA”) complaints in YOUR possession that
relate to the POWERTRAIN DEFECT in vehicles of the same year, make, and model
as the SUBJECT VEHICLE.
RFP No. 29: All Early Warning
Reports ("EWR") YOU submitted to the National Highway Traffic Safety
Administration (“NHTSA”) concerning vehicles of the same year, make, and model
as the SUBJECT VEHICLE.
RFP No. 30: All Transportation
Recall Enhancement, Accountability, and Documentation ("TREAD")
reports YOU submitted concerning vehicles of the same year, make, and model as
the SUBJECT VEHICLE.
Plaintiff’s motion to compel further responses is granted
in part. Defendant is ordered to produce further responses to Plaintiff’s RFP
numbers 10, 12, 13, 27, and 28. Defendant is also ordered to produce further
responses to RFP numbers 29 and 30 with the added language of “related to the
Powertrain Defect”. To the extent Defendant claims information sought is
protected, it may submit a privilege log.
Plaintiff’s motion to compel further is denied for RFP
number 11.
CONCLUSION
Plaintiff’s
motion to compel further is granted.
Defendant
is ordered to provide further responses to RFP numbers 10, 12, 13, 27, 28, 29,
and 30.
Moving
Party to give notice.
Dated: May 9, 2023 ___________________________________
Joel
L. Lofton
Judge
of the Superior Court
Parties who intend to submit on this tentative must send an
email to the court indicating their
intention to submit.
Parties intending to appear are strongly encouraged to appear remotely. alhdeptx@lacourt.org