Judge: Jon R. Takasugi, Case: 22STCV17351, Date: 2023-05-15 Tentative Ruling

Case Number: 22STCV17351    Hearing Date: May 15, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel further is DENIED, WITHOUT PREJUDICE.

            On 5/26/2022, Plaintiff Luis-Miguel Blas (Plaintiff) filed suit against Nissan North America (Defendant) alleging statutory violations.

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

Discussion

            Plaintiff argues that Defendant should be compelled to provide further responses to RFP Nos. 1, 8, 13, 18, 30, 35, 64, 66, 77, 80, 82, and 83.

            In opposition, Defendant contends that this motion was filed without any meet and confer, and with improper service. Neither counsel nor any staff member has any record of receiving Plaintiff’s Motion to Compel Further Responses to Plaintiff’s Requests for Production of Documents prior to 5/9/2023. (Liss Decl., ¶ 8.)

California law requires that parties meet and confer in good faith before filing a discovery motion. (See, e.g., Cal. Civ. Proc. § 2016.040 (requiring that parties meet and confer in a “reasonable and good faith attempt at an informal resolution of each issue presented by the [discovery] motion.”); Cal. Civ. Proc. § 2023.010 (misuses of the discovery process include “failing to confer . . . in a reasonable and good faith attempt to resolve informally any dispute concerning discovery.”).) “A reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel … Rather, the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Townsend v. Super. Ct. (EMC Mortg. Co.) (1998) 61 Cal.App.4th 1431, 1437–39.)

After review, the record indicates that the requisite meet and confer has not taken place here. There has been no reasonable effort to discuss and/or resolve any of the outstanding discovery issues raised here. As such, this motion is premature.

The Court urges informal resolution of this matter, and provides the following template of what it generally believes to be discoverable in lemon law cases:  

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 [purchase date of vehicle] to present.

2.                          Defendant shall produce any internal analysis or investigation regarding defects concerning [defects alleged in complaint], 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 [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.  

6.                          All other requests for further production are denied.

Based on the foregoing, Plaintiff’s motion to compel further is denied, without prejudice.

It is so ordered.

Dated:  May    , 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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.