Judge: Joel R Wohlfeil, Case: 37-2022-00033820-CU-BC-CTL, Date: 2023-09-14 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - September 11, 2023
09/14/2023 01:30:00 PM C-73 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Joel R. Wohlfeil
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Civil - Unlimited Breach of Contract/Warranty Discovery Hearing 37-2022-00033820-CU-BC-CTL GONZALEZ VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 08/01/2023
The Motion (ROA # 20) of Plaintiff ABEL GONZALEZ ('Plaintiff') for an order to strike the objections of Defendant GENERAL MOTORS LLC ('Defendant' or 'GM') and compel further responses to Plaintiff's Request for Production of Documents, Set One, numbers 1 - 64 ('RFPs'), is GRANTED IN PART and DENIED IN PART.
Plaintiff's Complaint alleges, in part: '11. On April 29, 2018, Plaintiff leased a 2018 GMC Yukon, having VIN No.: 1GKS1AKC7JR300266 ('the Subject Vehicle'). Express warranties accompanied the sale of the Subject Vehicle to Plaintiff by which GENERAL MOTORS LLC undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance.
12. GENERAL MOTORS LLC warranted the Subject Vehicle and agreed to preserve or maintain the utility or performance of Plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance.
13. The Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, electrical, emission, engine, structural, and transmission system defects.' In its Answer - ROA # 9 - Defendant denies Plaintiff's allegations and asserts 24 affirmative defenses.
Generally, the Court agrees with Defendant that scope of the RFP's are overbroad, unduly burdensome and oppressive.
See, for example, no. 1 which seeks 'All DOCUMENTS regarding the SUBJECT VEHICLE that are within YOUR Customer Relations Center.' Though the Court frequently tries to salvage a discovery request by, on its own, narrowing the scope of the request, this request is not salvageable.
See also no. 2 which seeks 'All DOCUMENTS regarding any service, warranty, and other DOCUMENTS that relate to, or may relate to the alleged defect in the SUBJECT VEHICLE, that YOU issued to any dealer, regional or zone offices, fleet purchasers, or other entities.' Again, the scope of this request is so broad, it is not salvageable.
Accordingly, Defendant's objections are, except as noted, SUSTAINED; however, the objections are Calendar No.: Event ID: TENTATIVE RULINGS
3011679 CASE NUMBER: CASE TITLE: GONZALEZ VS GENERAL MOTORS LLC [IMAGED] 37-2022-00033820-CU-BC-CTL SUSTAINED without prejudice to Plaintiff's ability to re-propound narrower RFP's.
No. 3 is narrowed to Defendant's 'recall policy and procedure' for the subject vehicle.
No. 5 is narrowed to Defendant's 'document retention policy' for the subject vehicle.
No. 6 is narrowed to 'policies or procedures for the issuance of refunds to buyers or providing replacement vehicles' for the subject vehicle.
No. 49 is narrowed to Defendant's 'Warranty Policy and Procedure Manual' for the subject vehicle.
Defendant is directed to serve further responses within twenty (20) days of the hearing of this Motion and produce the records within twenty-five (25) days of the hearing of this Motion.
Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.
Calendar No.: Event ID: TENTATIVE RULINGS
3011679