Judge: Joel R Wohlfeil, Case: 37-2023-00033671-CU-BC-CTL, Date: 2024-03-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 26, 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 37-2023-00033671-CU-BC-CTL MEJIA PORTILLO VS VOLKSWAGEN GROUP OF AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/09/2024

The Motion (ROA # 15) of Plaintiffs RUDIS A. MEJIA PORTILLO and LOURDES GALLEGOS GONZALEZ ('Plaintiffs') for an order to strike the objections and compel further responses by Defendant VOLKSWAGEN GROUP OF AMERICA, INC. ('Defendant') to Plaintiffs' Request for Production of Documents, Set One, Request Nos. 1 through 31 ('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 Plaintiff's Complaint for COMPLAINT 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY, 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY, and 3. VIOLATION OF THE SONG- BEVERLY ACT SECTION 1793.2.

The Complaint alleges at par. 8: 'On March 26, 2018, Plaintiffs purchased a 2018 Volkswagen Tiguan, having VIN No.: 3VV3B7AX3JM097898 ('the Subject Vehicle').' The Court has read and considered Defendant's Answer which denies Plaintiff's allegations and asserts twenty-six (26) affirmative defenses.

Defendant's objections are, except as noted, OVERRULED. The objections to nos. 3 (overbroad), 5 (overbroad), 8 (overbroad), 10 (ambiguous as to 'summaries'), 11 (ambiguous as to 'summaries'), 14 (overbroad), 15 (narrowed 'rules, policies, or procedures' for the subject vehicle), 16 (overbroad), 17 (overbroad), 18 (narrowed to 'Policies and Procedures' for the subject vehicle), 19 (overbroad), 20 (overbroad), 21 (narrowed to 'training materials' for the subject vehicle), 22 (narrowed to 'policies or procedures' for the subject vehicle), 23 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), 24 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), 25 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), 26 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), 27 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), 28 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), 29 (narrowed to 'Warranty Policy and Procedure Manuals' for the subject vehicle), and 31 (overbroad) are SUSTAINED.

Defendant is directed to serve further Code-compliant responses 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.

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