Judge: Joel R Wohlfeil, Case: 37-2022-00039256-CU-BC-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 09, 2023

08/11/2023  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) 37-2022-00039256-CU-BC-CTL GUZMAN VS AMERICAN HONDA MOTOR CO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/06/2023

The Motion (ROA # 22) of Plaintiffs JOSE GUZMAN and CYNTHIA GUZMAN ('Plaintiffs') for an order compelling further responses to Plaintiffs' First Set of Requests for Production of Documents Nos. 18, 22, 23, 26 - 30, 32, 45, 46, 48 and 49, and monetary sanctions against Defendant AMERICAN HONDA MOTOR CO., INC. ('Defendant') and its attorneys of record NELSON MULLINS RILEY & SCARBOROUGH LLP, is GRANTED IN PART and DENIED IN PART.

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

The objections to no. 18 are OVERRULED; however, the answer, after objections are eliminated, is adequate.

The Court narrows the scope of no. 23 to training materials for YOUR employees or agents tasked with determining whether the Subject Vehicle, as alleged in par. 14 of the Complaint, is eligible for a vehicle repurchase pursuant to the Song-Beverly.

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

The Court narrows the scope of no. 27 to 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 no. 28 to 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. 45 to complaints by owners of 2017 Honda Pilot vehicles regarding any of complaints of the transmission, as alleged in par. 15 of the Complaint, that the SUBJECT VEHICLE was presented to YOU or YOUR authorized repair facilities for repair during the warranty period.

Defendant is directed to serve Code-complaint responses, without objections, 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.

Plaintiffs' request for sanctions is DENIED. Defendant has not acted without substantial justification.

Calendar No.: Event ID:  TENTATIVE RULINGS

2993906 CASE NUMBER: CASE TITLE:  GUZMAN VS AMERICAN HONDA MOTOR CO INC [IMAGED]  37-2022-00039256-CU-BC-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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