Judge: Joel R Wohlfeil, Case: 37-2023-00010059-CU-BC-CTL, Date: 2024-03-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 25, 2024

03/28/2024  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 37-2023-00010059-CU-BC-CTL GALLEGOS VS AMERICAN HONDA MOTOR CO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/13/2023

On February 8, 2024, the Court continued, based on the stipulation of the parties, the hearing of this Motion tom March 28, 2024 at 1:30 PM. See ROA # 42.

The Motion (ROA # 20, 29, 44) of Plaintiffs ROGELIO GALLEGOS and DOMINGO GALLEGOS ('Plaintiffs') for an order to strike Defendant AMERICAN HONDA MOTOR CO., INC.'s ('Defendant' or 'Honda') objections and compel further responses to Plaintiffs' Request for Production of Documents, Set One, Nos. 1 - 3, 7, 9, 12, 17, 18, 20, 22, 24, 26, 28, 31, 32, 39, 40, 41, 46, 49, 51, 54, 56, 57, 74, 75, 82, 84, 85 and 86 (the 'Requests' or 'RFPs'), is, on the Court's own Motion, CONTINUED to Friday March 29, 2024 at 9:00 AM in D 73.

The Court has read and considered Plaintiffs' Complaint - ROA # 1 - which alleges, in part: '6. On or about April 25, 2021, Plaintiffs entered into a warranty contract with Defendant Honda, regarding a 2021 Honda Civic vehicle identification number 19XFC1F33ME203678 ('Vehicle') which was manufactured and/or distributed by Defendant Honda.' Defendant's Answer - ROA # 9 - denies Plaintiffs' allegations and asserts twenty-four (24) affirmative defenses.

Defendant's responses appear to be a combination of objections and responses, which were ultimately verified on or about August 14, 2023 by Eric Van Olst. This Motion was filed on October 13, 2023. As such, this Motion appears not to have been timely filed. CCP 2031.310(c).

On the other hand, this Motion appears to remain unopposed and, upon review of the separate statement, appears to be well taken, at least in part. See, for example, nos. 1 and 2 regarding the subject vehicle.

The Court will HEAR on the status of this Motion.

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