Judge: Jon R. Takasugi, Case: 21STCV44615, Date: 2023-03-29 Tentative Ruling

Case Number: 21STCV44615    Hearing Date: March 29, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel further is GRANTED IN PART, DENIED IN PART, consistent with this ruling. As a result, the Court declines to award sanctions at this time.

            On 12/6/2021, Plaintiff Carlos Linares (Plaintiff) filed suit against UAG of Cerritos I, LLC d/b/a Penske Chevrolet of Cerritos and General Motors, LLC (collectively, Defendants), alleging: (1) Violation of Song-Beverly Act- breach of express warranty; (2) Violation of Song-Beverly Act- breach of implied warranty; and (3) negligent repair.

            Now, Plaintiffs move to compel further responses from Defendants to their Requests for Production (RFPs) (Set Two) Nos. 16, 19-31, 33, 37-41 and 45-46.

The Court has a standard order as to what it believes to be discoverable in lemon-law cases such as this:

1.      Defendant shall produce the “Warranty Policy and Procedure Manual” published by Defendant and provided to its authorized repair facilities, within the State of California, for the purchase date to present.

2.      Defendant shall produce any internal analysis or investigation regarding defects concerning the transmission defect in vehicles for the same year, make, and model of the subject vehicle.

3.       Defendant shall produce any customer complaints relating to defects that are similar to the alleged defects claimed by plaintiff in vehicles within California for the same year, make, and model of the subject vehicle, for the period of the purchase date to present.

4.       Defendant shall produce all documents evidencing policies and procedures used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act, for the period of purchase date to present.

5.       Technical Service Bulletins and Recall Notices for vehicles purchased in California for the same year, make and model of the subject vehicle. 

Defendant must also provide a document index and must identify which documents are responsive to which requests. (CCP § 2031.280(a).)

Based on the foregoing, Plaintiff’s motion to compel further is granted in part, denied in part, consistent with this ruling. As a result, the Court declines to award sanctions at this time.

It is so ordered.

Dated:  March    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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