Judge Joel R Wohlfeil, Case 37-2023-00008378-CU-CO-CTL 2023-12-14 Tentative Ruling

Judge: Joel R Wohlfeil, Case: 37-2023-00008378-CU-CO-CTL, Date: 2023-12-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 12, 2023

12/14/2023 01:30:00 PM C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited Contract - Other Discovery Hearing 37-2023-00008378-CU-CO-CTL PINA-AYALA VS SUNROAD CV AUTO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/27/2023

1. The Motion (ROA # 32) of Plaintiffs Ernesto Pina-Ayala and Michelle Rene Rubio ('Plaintiffs') for an order compelling further responses from Defendant Sunroad CV Auto, Inc. ('Defendant' or 'Sunroad CV') to Plaintiffs' Form Interrogatories, Set One, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiffs' Complaint which states in part: '1. Ernesto Pina-Ayala ('Plaintiff') is an individual who resided in the City of Chula Vista, County of San Diego, State of California, at the time the contract ('Contract') for the purchase of the 2015 Scion FR-S with VIN: JF1ZNAA18F8711791 ('Vehicle'), a true and correct copy of which is attached hereto as Exhibit 1 and which is the subject of this lawsuit, was signed.

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12. Dealer showed Plaintiffs the Vehicle. Dealer told Plaintiffs the Vehicle was in great condition and had been thoroughly inspected. The Vehicle had only 40,590 miles on the odometer. Dealer pointed this out to Plaintiffs to reassure them the Vehicle was a reliable vehicle to purchase. Dealer also provided Plaintiffs with a Carfax report to support the things it was telling Plaintiffs about the Vehicle.

13. Based on these representations, Plaintiffs decided to purchase the Vehicle. The Contract Plaintiffs signed included the following terms: $3,000.00 down payment, $22,452.75 amount financed, 72 payments of $454.89 starting on October 5, 2022, $34,752.08 total of payments, and $35,752.08 total sales price. Plaintiffs started and have been making payments on the Contract.

14. In December 2022, after only driving the Vehicle 4,000 miles, Plaintiff Rubio noticed the Vehicle losing power while she was driving it. In addition, she heard noises coming from the under the hood of the Vehicle. Plaintiff Rubio told Plaintiff Pina about this. Plaintiff Pina took the Vehicle for a drive and confirmed Plaintiff Rubio's complaints.

15. Plaintiff Pina contacted Dealer and explained the problems with the Vehicle. Dealer told him to bring the Vehicle to its service department. Once the Vehicle was there, Dealer told them the Vehicle's engine would need to be replaced and it would cost $11,000.00.' The Court has read and considered the Answer - ROA # 15 - by Defendants Sunroad CV Auto, Inc. dba Toyota Chula Vista and Hartford Fire Insurance Company, which denies Plaintiffs' allegations and asserts twenty-seven (27) affirmative defenses.

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3045418 CASE NUMBER: CASE TITLE: PINA-AYALA VS SUNROAD CV AUTO INC [IMAGED] 37-2023-00008378-CU-CO-CTL Defendant's objections are SUSTAINED except as noted below: The Court, on its own motion, narrows the scope of 15.1 to each of Defendant's affirmative defenses and, as narrowed, Defendant's objections are OVERRULED.

To the extent OVERRULED, Defendant is directed to serve further Code-compliant responses within twenty (20) days of the hearing of this Motion.

_____ 2. The Motion (ROA # 38) of Plaintiffs Ernesto Pina-Ayala and Michelle Rene Rubio ('Plaintiffs') for an order compelling further responses from Defendant Sunroad CV Auto, Inc. ('Defendant' or 'Sunroad CV') to Plaintiffs' Form Interrogatories, Set Two, is GRANTED.

Defendant's objections are OVERRULED. Plaintiff is entitled to discover the address and telephone number for each of the witnesses identified in the response to 12.1; to wit, Giovanni Molina, Cameron Kline, Gary Price, Jose Naranjo, Kevin Laguna, Ricardo Lugo and John Castro.

Defendant is directed to serve a further Code-compliant response within twenty (20) days of the hearing of this Motion.

_____ 3. The Motion (ROA # 44) of Plaintiffs Ernesto Pina-Ayala and Michelle Rene Rubio ('Plaintiffs') for an order compelling further responses from Defendant Hartford Fire Insurance Company ('Defendant' or 'Hartford') to Plaintiffs' Form Interrogatories, Set One, is GRANTED IN PART and DENIED IN PART.

Defendant's objections are SUSTAINED except as noted below: The Court, on its own motion, narrows the scope of 15.1 to each of Defendant's affirmative defenses and, as narrowed, Defendant's objections are OVERRULED.

To the extent OVERRULED, Defendant is directed to serve further Code-compliant responses within twenty (20) days of the hearing of this Motion.

_____ 4. The Motion (ROA # 50) of Plaintiffs Ernesto Pina-Ayala and Michelle Rene Rubio ('Plaintiffs') for an order compelling further responses from Defendant Hartford Fire Insurance Company ('Defendant' or 'Hartford') to Plaintiffs' Form Interrogatories, Set Two, is GRANTED.

Defendant is directed to serve a further Code-compliant response within twenty (20) days of the hearing of this Motion.

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3045418