Judge: Jon R. Takasugi, Case: 22STCV05313, Date: 2023-12-08 Tentative Ruling

Case Number: 22STCV05313    Hearing Date: December 8, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion is GRANTED IN PART, DENIED IN PART. As such, the Court declines to award sanctions at this time.

            On 2/10/2023, Plaintiff Nicholas A. Thompson (Plaintiff) filed suit against General Motors, LLC (Defendant), alleging: (1) breach of express warranty; (2) breach of implied warranty; and (3) violation of the Song-Beverly Act.

            Now, Plaintiff moves to compel further responses to his Requests for Production (RFPs) from Defendant. 

Discussion

            Plaintiff argues that Defendant should be compelled to provide further responses to RFPs Nos. 1-50, including documents relating to: (1) Defendant´s warranty, repurchase and customer relation policies, procedures and practices (Request Nos. 1-6), and (2) the specific defects that affected the Subject Vehicle, including, Brake Defects (Request Nos. 7-17), Transmission Defects (Request Nos. 18-28), Engine Defects (Request Nos. 29-39), and Electrical Defects (Request Nos. 40-50).

After review of the relevant discovery responses, the Court finds some of Plaintiff’s requests to be overly broad in scope. However, the Court also finds some objections by Defendant to be unfounded. In addition to all requested materials related to Plaintiff’s car itself:

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 2019 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 2019 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 2019 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. 

6.        All other requests for further production are DENIED.

Based on the foregoing, Plaintiff’s motion is granted in part, denied in part. As such, the Court declines to award sanctions at this time.

It is so ordered.

Dated:  December    , 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.  For more information, please contact the court clerk at (213) 633-0517.