Judge: Joel R Wohlfeil, Case: 37-2023-00025459-CU-BC-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  Breach of Contract/Warranty Discovery Hearing 37-2023-00025459-CU-BC-CTL ARREDONDO CORONEL VS VOLKSWAGEN GROUP OF AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/30/2023

1. The Motion (ROA # 12) of Plaintiff MARIA G. ARREDONDO CORONEL ('Plaintiff') for an order to Compel Further Responses by Defendant VOLKSWAGEN GROUP OF AMERICA, INC. ('Defendant') to Plaintiff's Request for Production of Documents, Set One, nos. 10 - 14, 20 - 31, 33, 35 - 39, 60 - 72 and 69 - 72, is DENIED.

The Court has read and considered Plaintiff's Complaint which alleges in part: '6. On or about May 1, 2022, in exchange for valuable consideration, Plaintiff purchased a 2022 Volkswagen Atlas (hereinafter 'Vehicle'), manufactured and/or distributed by Defendant, with corresponding Vehicle Identification Number 1V2JR2CA0NC529396.

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12. During the warranty period, the Vehicle contained or developed defects, including, but not limited to the following: a. Defective electrical system; b. Defective display system; c. Defective braking system; and d. Any additional complaints made by Plaintiff, whether or not they are contained in the records or on any repair orders.' These broad allegations involving the electrical, display and braking systems are sufficient to state a claim; however, they are minimally helpful in evaluating the reasonableness of the scope of Plaintiff's discovery.

The Court has read and considered Defendant's Answer - ROA # 9 - which denies Plaintiff's allegations and asserts twenty-three (23) affirmative defenses.

As framed, the Requests are over broad, vague and ambiguous and, because of the breadth, may seek records which are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence.

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3053580 CASE NUMBER: CASE TITLE:  ARREDONDO CORONEL VS VOLKSWAGEN GROUP OF  37-2023-00025459-CU-BC-CTL For example, no. 1 seeks 'A copy of the Workshop Manual specifying diagnosis and repair procedures for vehicles of the same year, make, and model as the SUBJECT VEHICLE.' True, there may be a manual which specifies diagnosis and repair procedures for defective electrical, display and braking systems; however, as framed, the scope of no. 1 seeks information which goes far beyond electrical, display and braking systems at issue in this case. As framed, no. 1 seeks information which is unconnected to this case, and subjects Defendant to the unreasonable burden of searching for, reviewing and producing voluminous materials irrelevant to the allegations in this case.

Plaintiff's remaining requests fail for the same reasons; e.g., no. 11 states, in part 'All DOCUMENTS consulted and / or followed by YOUR authorized repair facilities ...' First, the reference to 'All DOCUMENTS' is over broad. Further, 'All DOCUMENTS consulted and / or followed by' any repair facility other than the facilities which worked on Plaintiff's vehicle is not relevant or reasonably calculated to lead to the discovery of admissible evidence, and subjects Defendant to the unreasonable burden of searching for, reviewing and producing voluminous materials irrelevant to the allegations in this case.

This ruling is without prejudice to Plaintiff's ability to propound narrower Requests which seek materials relevant to the allegations in Plaintiff's Complaint.

_____ 2. The Motion (ROA # 15) of Plaintiff MARIA G ARREDONDO CORONEL ('Plaintiff') for an Order compelling Defendant Volkswagen Group of America, Inc. ('Defendant') to provide a verified further response to Special Interrogatory Nos. 2, 3, 13, 14, 18, 19, 30 - 32 and 34 - 36, is GRANTED IN PART and DENIED IN PART.

Defendant's objections are SUSTAINED except as noted: The Court, on its own motion, narrows the scope of no. 2 to repair documents Defendant issued on Plaintiff's vehicle only.

The Court, on its own motion, narrows the scope of no. 3 to each agent or employee who inspected or performed repairs on Plaintiff's vehicle only.

Defendant's objections to nos. 13 and 18 are OVERRULED.

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

_____ 3. The Motion (ROA # 18) of Plaintiff MARIA G ARREDONDO CORONEL ('Plaintiff') for an Order compelling Defendant Volkswagen Group of America, Inc. ('Defendant') to provide a verified further response to Form Interrogatory Nos. 12.1, 15.1 and 17.1, is withdrawn at the request of Plaintiff as the moving party. See ROA # 47.

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