Judge: Jon R. Takasugi, Case: 23STCV12503, Date: 2024-02-20 Tentative Ruling

Case Number: 23STCV12503    Hearing Date: February 20, 2024    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 6/02/2023, Plaintiff Abraham Assil (Plaintiff) filed suit against Volkswagen Group of America, Inc., alleging violations of the Song-Beverly Act.

            On 10/5/2023, Plaintiff moved to compel further responses from Defendant to his Requests for Production (RFPs).

Discussion

            Plaintiff argues that Defendant should be compelled to provide further responses to RFP Nos. 1-32.  

             After review of the relevant discovery, the Court finds some of Plaintiff’s requests to be overly broad in scope. For example, Plaintiff requests all documents of customer complaints for substantially similar complaints for all other 2019 Volkswagen Beetle vehicles. However, the Court also finds certain 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 purchase 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 purchase 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 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:  February    , 2024

   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.