Judge: Joseph Lipner, Case: 23STCV20896, Date: 2024-07-11 Tentative Ruling

Case Number: 23STCV20896    Hearing Date: July 11, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

             Plaintiff James Ellison (“Plaintiff”) files three motions to compel against defendant General Motors, LLC (“Defendant”).  The Court rules on these motions as follows.  All further responses and documents shall be due 30 days from today.

A.    Motion to Compel Further Verified Responses to Form Interrogatories

1.      Form Interrogatory 12.1:  Defendant shall provide a full and complete response to this interrogatory.  Defendant shall make a good faith effort to identify the employees of the dealership who are percipient witnesses.  If they cannot do so, they shall explain why and confirm in verified responses that the information is not in Defendant’s possession, custody, or control.

2.      Form Interrogatory No. 15.1: Defendant shall provide a full and complete response.

B.    Motion to Compel Further Responses to Special Interrogatories

1.       Interrogatory 14:  Defendant shall provide a full and complete response to this interrogatory.  Defendant shall make a good faith effort to identify the employees of the dealership who are percipient witnesses.  If they cannot do so, they shall explain why and confirm in verified responses that the information is not in Defendant’s possession, custody, or control.

2.      Interrogatory 40-45:  Defendant shall provide a full and complete response to these interrogatories.

3.      Interrogatory 55:  Defendant shall provide a full and complete response to this interrogatory.

C.    Motion to Compel Further Responses to Requests for Production

1.      RFP 1:  Defendant shall provide a further response and any responsive documents in its possession, custody, or control.  Defendant shall make a good faith effort to obtain the requested documents from the dealership.  If they cannot do so, they shall explain why and confirm in verified responses that the documents are not in Defendant’s possession, custody, or control.

2.      RFP 3: Defendant shall provide a further response and any responsive documents in its possession, custody, or control.  Defendant shall make a good faith effort to obtain the requested documents from the dealership.  If they cannot do so, they shall explain why and confirm in verified responses that the documents are not in Defendant’s possession, custody, or control.

3.      RFP 9:  Denied.  Defendant’s response is sufficient.

4.      RFP 17: Defendant shall provide a further complete response and any responsive documents.

5.      RFP 31:  Denied.  Defendant’s response is sufficient, and its objection is well-taken.

6.      RFP 37:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

7.      RFP 38:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

8.      RFP 39:  Denied.  This request is duplicative of RFP 37 and 38.

9.      RFP 40:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

10. RFP 41:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

11.  RFP 42:  Denied.  This request is duplicative of RFP 40 and 41.

12.  RFP 43:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

13.  RFP 44:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

14.  RFP 45:  Denied.  This request is duplicative of RFP 43 and 44.

15.  RFP 46:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

16. RFP 47: Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

17.  RFP 48:  Denied.  This is duplicative of RFP 46 and 47.

18. RFP 49: Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

19. RFP 50: Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

20. RFP 51:  Denied.  This is duplicative of 49 and 50.

21. RFP 52:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

22. RFP 53:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

23. RFP 55: Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

24. RFP 56: Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

25. RFP 57:  Denied.  This is duplicative of 55 and 56.

26. RFP 58:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

27. RFP 59:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

28. RFP 60:  Denied.  This is duplicative of 58 and 59.

29. RFP 61:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

30. RFP 62:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

31. RFP 63:  Denied.  This is duplicative of 61 and 62.

32. RFP 64:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

33. RFP 65:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

34. RFP 66:  Denied.  This is duplicative of 64 and 65.

35. RFP 67:  Defendant shall provide a further response and all responsive documents.  It shall be sufficient to produce the complaints themselves, and not internal documents discussing those complaints.

36. RFP 68:  Defendant shall provide a further response and all existing summaries of customer complaints as defined in the request.

37. RFP 69:  Denied.  This is duplicative of 67 and 68.

38. RFP 79:  Defendant shall provide a further complete response and any responsive documents.

39.