Judge: Joel R Wohlfeil, Case: 37-2022-00035362-CU-BC-CTL, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 22, 2023

08/25/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00035362-CU-BC-CTL MAYORGA VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 06/16/2023

The Motion (ROA # 29) of Plaintiff ORLANDO GRAJEDA MAYORGA ('Plaintiff') for an order compelling further responses to Plaintiff's First Set of Requests for Production of Documents, and for monetary sanctions against Defendant GENERAL MOTORS, LLC ('Defendant' or 'Ford') and its attorneys of record, The Erskine Law Group, PC, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered the Complaint which alleges, in part: '14. On April 21, 2022, Plaintiff entered into a warranty contract with GENERAL MOTORS regarding a 2022 Chevrolet Silverado 1500, VIN: 1GCRWBEK2NZ199972, ('the Subject Vehicle') for a total price of $58,726. The terms of the express warranty are described in full in Exhibit 1.

15. Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission and engine.' The Court has also read and considered Defendant's Answer. See ROA # 14.

Defendant's objections are, except as noted below, SUSTAINED.

The Court narrows the scope of no. 16 to the 'warranty claims policy and procedure manual(s)' for the subject vehicle.

The Court narrows the scope of no. 19 to the procedures for evaluating and responding to complaints for the transmission and engine by California consumers regarding the subject vehicle.

The Court narrows the scope of no. 20 to the policies and procedures for evaluating a customer request for a refund of money paid towards or owed on the subject vehicle.

The Court narrows the scope of no. 21 to the policies and procedures for determining whether the subject vehicle is eligible for repurchase.

The Court narrows the scope of no. 25 to the policies and procedures for determining what constitutes a repair presentation to determine eligibility for a repurchase of the subject vehicle.

The Court narrows the scope of no. 26 to the policies and procedures for determining what constitutes a 'non-conformity' to determine eligibility for a repurchase of the subject vehicle.

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2985912 CASE NUMBER: CASE TITLE:  MAYORGA VS GENERAL MOTORS LLC [IMAGED]  37-2022-00035362-CU-BC-CTL The Court narrows the scope of no. 27 to the policies and procedures for determining what constitutes a 'substantial impairment' of a vehicle's use, value, or safety to determine eligibility for a repurchase of the subject vehicle.

The Court narrows the scope of the policies and procedures for defining what constitutes a 'reasonable number of repair attempts' to determine eligibility for a repurchase of the subject vehicle.

The Court narrows the scope of no. 29 to the policies and procedures for establishing the turn-around time to respond to a repurchase of the subject vehicle.

The Court narrows the scope of no. 31 to the policies and procedures for YOUR authorized repair facilities to follow regarding customer requests for a refund of the price paid for the subject vehicle.

Defendant is directed to serve further responses within twenty (20) days of the hearing of this Motion and produce the documents 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.

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2985912