Judge: Joel R Wohlfeil, Case: 37-2023-00005553-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 37-2023-00005553-CU-BC-CTL QUIROZ VS FORD MOTOR COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 08/11/2023

The Motion (ROA # 28) of Plaintiff MARIELA QUIROZ ('Plaintiff') for an order to strike the objections of Defendant FORD MOTOR COMPANY ('Defendant' or 'FMC') and compel further responses to Plaintiff's Request for Production of Documents, Set One, numbers 3 through 14, and 16 through 37 ('RFPs'), is GRANTED IN PART and DENIED IN PART.

Plaintiff's First Amended Complaint ('FAC' - ROA # 12) alleges, in part: '8. On August 2, 2022, Plaintiff purchased a 2019 Ford Expedition, having VIN No.: 1FMJK2AT7KEA46249 ('the Subject Vehicle'). These causes of action arise out of warranty and repair obligations of FORD MOTOR COMPANY in connection with a vehicle that Plaintiff purchased and for which FORD MOTOR COMPANY issued a written warranty. The warranty was not issued by the selling dealership.

9. FORD MOTOR COMPANY 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. In connection with the purchase, Plaintiff received various warranties, inter alia, a 3-year / 36,000 mile express bumper to bumper warranty, a 5-year / 60,000 mile powertrain warranty which, inter alia, covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warranties.

10. 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, structural, electrical, transmission, emission, and engine system defects.' In its Answer - ROA # 14 - Defendant denies Plaintiff's allegations and asserts 22 affirmative defenses.

Generally, the Court agrees with Defendant that scope of the RFP's are overly broad and unduly burdensome.

See, for example, no. 5 which seeks 'All DOCUMENTS which evidence, describe, refer or relate to any inspection of the SUBJECT VEHICLE.' On the other hand, Defendant's narrowing of the scope of this request is reasonable.

Accordingly, Defendant's objections are, except as noted, SUSTAINED; however, the objections are SUSTAINED without prejudice to Plaintiff's ability to re-propound narrower RFP's.

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3007303 CASE NUMBER: CASE TITLE:  QUIROZ VS FORD MOTOR COMPANY [IMAGED]  37-2023-00005553-CU-BC-CTL Defendant's objections to no. 3 and 6 are OVERRULED.

Defendant's narrowing of nos. 4, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 34 and 35 are reasonable.

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.

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