Judge: Joel R Wohlfeil, Case: 37-2023-00037592-CU-BC-CTL, Date: 2024-02-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 13, 2024

02/15/2024  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 37-2023-00037592-CU-BC-CTL GOMEZ BARRAGAN VS KIA AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/05/2024

The Motion (ROA # 11) of Plaintiff ERIKA GONZALEZ ('Plaintiff') for an order to strike the objections of and compel further responses by Defendant KIA AMERICA, INC. ('Defendant') to Plaintiff's Request for Production of Documents, Set One, Request Nos. 1 through 31 ('RFPs'), is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiff's Complaint - ROA # 1 - which alleges in part: 8. On October 30, 2021, Plaintiff purchased a 2021 Kia Rio, having VIN No.: 3KPA24AD2ME422730 ('the Subject Vehicle'). These causes of action arise out of warranty and repair obligations of KIA AMERICA, INC. in connection with a vehicle that Plaintiff purchased and for which KIA AMERICA, INC.

issued a written warranty. The warranty was not issued by the selling dealership.

The Court has read and considered Defendant's Answer - ROA # 9 - which denies Plaintiff's claims and alleges nineteen (19) affirmative defenses.

Defendant's objections are, except as noted, OVERRULED. No. 5 is, as narrowed, OVERRULED. As narrowed, '... manuals, and express warranty booklets provided to ... (Plaintiff).' No. 8 is, as narrowed, OVERRULED. As narrowed, '... recalls, technical service bulletins, and dealer advisories that were issued for the SUBJECT VEHICLE.' No. 15 is, as narrowed, OVERRULED. As narrowed, '... rules, policies, or procedures (in effect in 2021 for) the issuance of refunds to buyers or providing replacement vehicles to buyers in the State of California under the Song-Beverly Consumer Warranty Act (for the SUBJECT VEHICLE).' No. 21 is, as narrowed, OVERRULED. As narrowed, '... training materials related to YOUR policy regarding how to calculate a repurchase (of the SUBJECT VEHICLE).' No. 23 is, as narrowed, OVERRULED. As narrowed, '... Warranty Policy and Procedure Manuals provided to YOUR authorized repair facilities with respect to how to determine whether repairs should be covered under warranty (in effect in 2021 for the SUBJECT VEHICLE).' No. 24 is, as narrowed, OVERRULED.

As narrowed, '... Warranty Policy and Procedure Manuals provided to YOUR authorized repair facilities with respect to whether repairs should be covered under warranty as 'goodwill' (in effect in 2021 for the SUBJECT VEHICLE).' No. 27 is, as narrowed, OVERRULED. As narrowed, '... Warranty Policy and Procedure Manuals provided to YOUR authorized repair facilities on the length for test drives on certain customer complaints to be covered under warranty (in effect in 2021 for the SUBJECT VEHICLE).' Defendant's objections to nos. 2, 3, 16 and 17 are SUSTAINED.

Defendant is directed to serve Code-compliant responses within twenty (20) days of the hearing of this Calendar No.: Event ID:  TENTATIVE RULINGS

3073800 CASE NUMBER: CASE TITLE:  GOMEZ BARRAGAN VS KIA AMERICA INC [IMAGED]  37-2023-00037592-CU-BC-CTL Motion and produce the documents within twenty-five (25) days of the hearing of this Motion.

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3073800