Judge: Jon R. Takasugi, Case: 22STCV02954, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCV02954    Hearing Date: March 17, 2023    Dept: 17

Superior Court of California

County of Los Angeles

 

DEPARTMENT 17

 

TENTATIVE RULING

 

LEONARDO CHAVEZ-ARIAS

                          

         vs.

 

GENERAL MOTORS, LLC

 

 

 Case No.:  22STCV02954

 

 

 

 Hearing Date:  March 17, 2023

               

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 1/25/2022, Plaintiff Leonardo Chavez-Arias (Plaintiff) filed suit against General Motors, LLC, alleging violations of the Song-Beverly Act.

 

Now, Plaintiffs move to compel further responses to their requests for production (RFPs).

 

Discussion

 

Plaintiff seeks to compel further responses to RFP Nos. 16-41 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. 

 

 

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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