Judge: Jon R. Takasugi, Case: 23STCV13443, Date: 2024-02-16 Tentative Ruling

Case Number: 23STCV13443    Hearing Date: March 1, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel further responses to Special Interrogatory Nos. 14, 25, 40-45 and 59 is GRANTED. Responses due within 10 days.

On 6/12/2023, Plaintiff Maria Rodriguez (Plaintiff) filed suit against General Motors, LLC, alleging violations of Song-Beverly Act.

            On 11/15/2023, Plaintiff moved to compel further responses to her Special Interrogatory Nos. 14, 25, 40-45 and 59.

Discussion

            Plaintiff argues that further responses are warranted to her SROGS.

            After review, the Court rules as follows:

-         No. 14: Further responses are warranted. Defendant’s responses are not complete in and of themselves, and thus are not code-compliant (CCP § 2030.230.)

-         No. 25: Defendant’s responses are not complete in and of themselves, and thus are not code-compliant (CCP § 2030.230.)

-         No 40: Policies and procedures used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act for the period of purchase to the present are discoverable. As such, individuals responsible for effectuating these policies and procedures are discoverable. Further responses must be provided. 

-         No. 41: Policies and procedures used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act for the period of purchase to the present are discoverable. As such, individuals responsible for effectuating these policies and procedures are discoverable. Further responses must be provided. 

-         No.42: Defendant’s response is not complete in and of itself, and thus is not code-compliant (CCP § 2030.230.)

-         No. 43: Defendant’s response is not complete in and of itself, and thus is not code-compliant (CCP § 2030.230.)

-         No. 44: Defendant’s response is evasive and nonresponsive. The documents consulted, reviewed and/or obtained as part of their investigation into the Subject Vehicle are relevant and discoverable. 

-         No.45: Defendant’s response are evasive, incomplete, and nonresponsive. The identities of all individuals responsible for the decision to not repurchase or replace the Subject Vehicle are relevant.

-         No. 59: Defendant’s response is not complete in and of itself, and thus is not code-compliant (CCP § 2030.230.)

Based on the foregoing, Plaintiff’s motion to compel further responses to Special Interrogatory Nos. 14, 25, 40-45 and 59 is granted.

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.