Judge Joel R Wohlfeil, Case 37-2022-00046759-CU-BC-CTL 2023-08-17 Tentative Ruling

Judge: Joel R Wohlfeil, Case: 37-2022-00046759-CU-BC-CTL, Date: 2023-08-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 15, 2023

08/17/2023 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 37-2022-00046759-CU-BC-CTL ROCKWELL VS MERCEDES-BENZ USA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 06/26/2023

1. The Motion (ROA # 26, 53) of Plaintiff KIM ROCKWELL ('Plaintiff') for an Order to Compel Defendant MERCEDESBENZ USA, LLC ('Defendant') to further respond to Plaintiff's Request for Production of Documents Requests Nos. 1 - 31 (Set One), and for monetary sanctions against Defendant and its counsel Brei'a Womack, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiff's Complaint - ROA # 1 - which alleges in part: '4. On or about April 25, 2022, Plaintiff purchased a 2022 Mercedes-Benz,Vehicle Identification Number W1K6G7GB4NA075491 ('Vehicle') that was manufactured, distributed, and / or sold and certified by Defendant. The Vehicle was purchased and / or used primarily for personal, family or household use by Plaintiff and / or otherwise qualifies as a new motor vehicle under subdivision (e)(2) of Civil Code section 1793.22. The Vehicle was purchased from a person or entity engaged in the business of manufacturing, distributing, and / or selling consumer goods at retail.

6. During the warranty period, the Vehicle contained or developed various defects, including but not limited to, defects which cause or caused the collision avoidance system to malfunction and to activate braking at random times and without need; repeated electrical system failures such as the dashboard going black or blinking, profile settings switching during driving, rear seatbelts alarming and retracting, key fobs not being detected, door lock / handle malfunctions, trunk malfunctions, child-seat detection system malfunctions, safety systems becoming unavailable, inter alia; and defects described in various recalls and bulletins issued and performed by Defendant.' The Court has read and considered Defendant's Answer. ROA # 9.

Defendant's objections that the Requests are generally 'vague, ambiguous, overbroad (and) unduly burdensome' are, except as noted below, SUSTAINED.

Defendant's objections to nos. 2, 3, 5, 7 and 16 are OVERRULED.

The Court narrows the scope of no. 8 to policies and procedures for a refund of the price paid for or a replacement of the subject vehicle.

The Court narrows the scope of no. 10 to policies and procedures to customer complaints regarding Calendar No.: Event ID: TENTATIVE RULINGS

2999253 CASE NUMBER: CASE TITLE: ROCKWELL VS MERCEDES-BENZ USA LLC [IMAGED] 37-2022-00046759-CU-BC-CTL failure to repair of the subject vehicle under YOUR warranty.

The Court narrows the scope of no. 12 to promotional materials provided or distributed by YOU for the SUBJECT VEHICLE.

The Court narrows the scope of no. 26 to technical service bulletins for the SUBJECT VEHICLE.

Defendant is directed to serve further Code-compliant responses, without objections except as noted above, 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.

_____ 2. The Motion (ROA # 31, 53) of Plaintiff KIM ROCKWELL ('Plaintiff') for an Order to Compel Defendant MERCEDES-BENZ USA, LLC ('Defendant') to further respond to Plaintiff's Form Interrogatory Request numbers 1.1, 12.1, 15.1 and 17.1 (Set One), and for monetary sanctions against Defendant and its counsel Brei'a Womack, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiff's Complaint - ROA # 1 - which alleges in part: '4. On or about April 25, 2022, Plaintiff purchased a 2022 Mercedes-Benz,Vehicle Identification Number W1K6G7GB4NA075491 ('Vehicle') that was manufactured, distributed, and/or sold and certified by Defendant. The Vehicle was purchased and / or used primarily for personal, family or household use by Plaintiff and / or otherwise qualifies as a new motor vehicle under subdivision (e)(2) of Civil Code section 1793.22. The Vehicle was purchased from a person or entity engaged in the business of manufacturing, distributing, and / or selling consumer goods at retail.

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

The objections to no. 1.1 are OVERRULED to the limited extent that Defendant is directed to identify Defendant's authorized representative(s) who helped in the preparation of Defendant's responses.

The objections to no. 15.1 are OVERULED to the limited extent that Defendant is directed to serve further responses for (a) - (c) to Defendant's affirmative defenses.

The objections to no. 17.1 are OVERRULED to the limited extent that Defendant is directed to serve further responses to (c) and (d).

Defendant is directed to serve further Code-compliant responses, without objections except as noted Calendar No.: Event ID: TENTATIVE RULINGS

2999253 CASE NUMBER: CASE TITLE: ROCKWELL VS MERCEDES-BENZ USA LLC [IMAGED] 37-2022-00046759-CU-BC-CTL above, within twenty (20) days of the hearing of this Motion.

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

_____ 3. The Motion (ROA # 36, 53) of Plaintiff KIM ROCKWELL ('Plaintiff') for an Order to Compel Defendant MERCEDES-BENZ USA, LLC ('Defendant') to further respond to Plaintiff's Special Interrogatory Request numbers 1 - 47 (Set One), and for sanctions against Defendant and its counsel Brei'a Womack, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiff's Complaint - ROA # 1 - which alleges in part: '4. On or about April 25, 2022, Plaintiff purchased a 2022 Mercedes-Benz,Vehicle Identification Number W1K6G7GB4NA075491 ('Vehicle') that was manufactured, distributed, and / or sold and certified by Defendant. The Vehicle was purchased and / or used primarily for personal, family or household use by Plaintiff and/or otherwise qualifies as a new motor vehicle under subdivision (e)(2) of Civil Code section 1793.22. The Vehicle was purchased from a person or entity engaged in the business of manufacturing, distributing, and / or selling consumer goods at retail.

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

Defendant's objections to nos. 2, 5, 9, 10, 12, 13, 15, 16, 18, 19, 21, 22, 24, 25, 27, 28, 31, 32, 33, 36, 37, 38, 39 and 46 are OVERRULED.

Defendant is directed to serve further Code-compliant responses, without objections except as noted above, within twenty (20) 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

2999253