Judge: Joel R Wohlfeil, Case: 37-2022-00040907-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 Discovery Hearing 37-2022-00040907-CU-BC-CTL HURTADO VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 06/27/2023

The Motion (ROA # 25) of Plaintiff ROCIO HURTADO ('Plaintiff') for an order to strike the objections and compel further responses by Defendant FCA US, LLC ('Defendant') to Plaintiff's Requests for Production of Documents, Set One, Nos. 1, 3, 12, 17, 19, 20, 21, 25 - 27, 30, 31, 32, 43 - 45, 58 - 60, 67, 68, 69, 87 - 92, 94, 118 - 120, 130 - 132, 134 - 140 and 142 - 147, and for production of all responsive documents corresponding to those Requests, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiff's Complaint - ROA # 1 - which states, in part: '10. On or about December 19, 2020, Plaintiff entered into a warranty contract with Defendant FCA regarding a 2020 Jeep Wrangler vehicle identification number 1C4HJXDM1LW319043 (hereafter 'Vehicle'), which was manufactured and or distributed by Defendant FCA.

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15. Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, electrical system defects; engine defects; transmission defects; steering defects; infotainment system defects; among other defects and non-conformities.' The Court has also read and considered Defendant's Answer. ROA # 9.

Preliminarily, the Court notes that the scope of the Requests, as reflected in the 182-page separate statement, are generally overbroad, compound and burdensome. The Court questions the relevancy much less the need for the nature and volume of the Requests propounded to Defendant.

Defendant's objections are, except as noted, SUSTAINED without prejudice to Plaintiff's ability to propound narrower Requests tailored to address the specific claims and defenses at issue in this case.

Defendant's objections to no. 1 are OVERRULED. A key word search of Plaintiff's vehicle (i.e., the vin) mitigates both the breadth and burden to Defendant.

The Court narrows the scope of no. 119 to rules, policies or procedures concerning the issuance of refunds to buyers or providing replacement vehicles for a 2020 Jeep Wrangler vehicle ('subject vehicle').

The Court narrows the scope of no. 120 to training manuals for handling consumer lemon law Calendar No.: Event ID:  TENTATIVE RULINGS

2990071 CASE NUMBER: CASE TITLE:  HURTADO VS FCA US LLC [IMAGED]  37-2022-00040907-CU-BC-CTL repurchase requests for the subject vehicle.

The Court narrows the scope of no. 131 to the document retention policy from 2020 to the present.

The Court narrows the scope of no. 132 to the recall policies and procedures for the subject vehicle.

The Court narrows the scope of no. 138 to Early Warning Reports ('EWR') YOU submitted to the NHTSA for the SUBJECT VEHICLE.

The Court narrows the scope of no. 139 to Transportation Recall Enhancement, Accountability, and Documentation ('TREAD') reports YOU submitted to the NHTSA for the SUBJECT VEHICLE.

Defendant is directed to serve Code-compliant 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.

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2990071