Judge: Joel L. Lofton, Case: 22AHCV00678, Date: 2023-10-04 Tentative Ruling
Case Number: 22AHCV00678 Hearing Date: October 4, 2023 Dept: X
Tentative Ruling
Judge Joel L. Lofton,
Department X
HEARING DATE: October
4, 2023 TRIAL
DATE: February 27, 2024
CASE: ALMA GRAJALES and
FREDDY HERNANDEZ, v. AMERICAN HONDA MOTOR CO., INC. a California Corporation,
and DOES 1 through 10, inclusive.
CASE NO.: 22AHCV00679
MOTION
MOVING PARTY: Plaintiffs Alma Grajales and Freddy
Hernandez
RESPONDING PARTY: Defendant
American Honda Motor Co., Inc.
SERVICE: Filed August 3, 2023
OPPOSITION: Filed September 20, 2023
REPLY: Filed September 29, 2023
RELIEF
REQUESTED
Plaintiffs move for an order
compelling Defendant to provide further responses to their requests for the
production of documents and special interrogatories.
BACKGROUND
This case arises out of Plaintiffs Alma
Grajales and Freedy Hernandez (“Plaintiffs”) lemon law claim involving a 2018
Honda Civic, Vehicle Identification Number 2HGFC2F51JH541735
(“Subject Vehicle”). Plaintiffs filed their complaint on September 14, 2022,
alleging one cause of action for violation of the Song-Beverly Act – breach of
express warranty.
TENTATIVE RULING
Plaintiffs’
motion to compel further responses is GRANTED as to special interrogatories
numbers 25 and 31.
Plaintiffs’
motion to compel further response is DENIED as to Special interrogatories
numbers 30, 42, 46, 47 and 48 and requests for production numbers 45 and 46.
Plaintiffs’
requests for sanctions is DENIED.
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
Overview
Plaintiffs
move to compel further responses to their requests for the production of
documents and special interrogatories. Plaintiffs provide that they served
their discovery requests on Defendant on November 13, 2022. (Tran Decl. ¶ 3.) Plaintiffs provide Defendant served deficient
responses on December 15, 2022. (Id. ¶ 4.)
Interrogatory
No. 25: Describe all training given by YOU to PERSONS tasked with evaluating
eligibility for a vehicle repurchase pursuant to the Song-Beverly Act from 2020
to the present.
Interrogatory
No. 30: Describe the manner in which YOU track the number of Honda
vehicles that have been repurchased or replaced in California, if at all, from
2020 to the present.
Interrogatory
No. 31: Describe YOUR policies and procedures for proactively
complying with the Song-Beverly Act in California by offering a repurchase of a
qualifying vehicle without a consumer request to do so.
Interrogatory
No. 42: State all facts supporting YOUR contention that YOU maintain
a qualified third-party dispute resolution process in California.
Interrogatory
No. 46: : State the repairs per thousand vehicles sold (R/1000) for
2018 Honda Civic vehicles.
Interrogatory
No. 47: Identify in order the five symptoms with the highest repairs
per thousand (R/1000) for 2018 Honda Civic vehicles, and the corresponding
repairs per thousand.
Interrogatory
No. 48: : Identify in order the five components with the highest
repairs per thousand (R/1000) for 2018 Honda Civic vehicles, and the
corresponding repairs per thousand.
RFP No.
45: All DOCUMENTS evidencing complaints by owners of 2018 Honda Civic
vehicles regarding any of the complaints that the SUBJECT VEHICLE was presented
to YOUR or YOUR authorized repair facilities for repair during the warranty
period.
RFP No.
46: All DOCUMENTS evidencing warranty repairs to 2018 Honda Civic vehicles
regarding any of the components that YOU or YOUR authorized repair facilities
performed repairs on under warranty.
Application
As a
preliminary note, the parties recognize that Defendant served supplemental
responses to special interrogatories numbers 30 and 42, rendering the present
motion moot as to those discovery requests. Plaintiffs’ requests to compel
further responses is granted as to special interrogatories numbers 25 and 31.
Defendant may submit a privilege log to the extent it claims any documents are
privileged. Plaintiffs’ motion is denied as to special interrogatories numbers
30, 42, 46, 47, and 48.
Plaintiffs’
motion to compel further responses is denied as to requests for production
numbers 45 and 46.
CONCLUSION
Plaintiffs’
motion to compel further responses is GRANTED as to special interrogatories
numbers 25 and 31.
Plaintiffs’
motion to compel further response is DENIED as to Special interrogatories
numbers 30, 42, 46, 47 and 48 and requests for production numbers 45 and 46.
Plaintiffs’
requests for sanctions is DENIED.
Moving
Party to give notice.
Dated: October 4,
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