Judge: Jon R. Takasugi, Case: 22STCV05108, Date: 2022-10-17 Tentative Ruling

Case Number: 22STCV05108    Hearing Date: October 17, 2022    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 2/9/2022, Plaintiff filed suit against Kia America, Inc. and Kia of Cerritos alleging violations of the Song-Beverly Act.

            Now, Plaintiff moves to compel further discovery to his Form and Special Interrogatories.

Discussion 

            Plaintiff seeks to compel further responses to his Special Interrogatories, Set one, Nos. 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 18, 27, 27, 43, 44, 58, and 59 and Form Interrogatories 1.1, 12.1, and 15.1.

            After review, the Court finds further responses are warranted for the following:

-         Form Interrogatory No.1.1

-         Form Interrogatory No. 15.1

-         Special Interrogatory No. 1

-         Special Interrogatory No. 3

-         Special Interrogatory No. 4

-         Special Interrogatory No. 5

-         Special Interrogatory No. 8

-         Special Interrogatory No. 18 limited to 2021 to present

-         Special Interrogatory No. 27

-         Special Interrogatory No. 43

-         Special Interrogatory No. 59 limited to California

This conclusion is based on a determination that Defendant’s responses to the identified interrogatories are not as “complete and straightforward as the information reasonably available to the responding party permits.” (CCP § 2030.220.) The Court finds Defendant’s remaining responses to be sufficient at this stage.

Finally, in anticipation of a future discovery motions involving requests for production, the Court notes that it generally believes only the following 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 period of 2018 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 2018 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 2018 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. 

The Court urges the parties to attempt informal resolution of future discovery disputes.

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:  October    , 2022

   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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