Judge: Jon R. Takasugi, Case: 23STCV27169, Date: 2024-07-31 Tentative Ruling

Case Number: 23STCV27169    Hearing Date: July 31, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to compel further responses is DENIED.

            On 12/12/2023, Plaintiff Carlos O Zavala (Plaintiff) filed suit against General Motors, LLC alleging violations of the Song-Beverly Consumer Warranty Act.

            On 5/30/2024, Plaintiff moved to compel further responses from Defendants to their Requests for Production.

            As a preliminary matter, the Court requires that parties participate in an informal discovery conference (IDC) prior to motions to compel further responses are heard on the merits.

Second, the Court has a standard order for what it believes to be discoverable in lemon law cases. 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 to compel further responses is denied.

It is so ordered.

Dated:  July    , 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.