Judge: Kerry Bensinger, Case: 23STCV13985, Date: 2024-09-20 Tentative Ruling

Case Number: 23STCV13985    Hearing Date: September 20, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      September 20, 2024                                   TRIAL DATE:  March 17, 2025

CASE:                         Austin Gauntt v. General Motors, LLC

CASE NO.:                      23STCV13985

MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY

MOVING PARTY:               Plaintiff Austin Gauntt

RESPONDING PARTY:     Defendant General Motors, LLC

I.          INTRODUCTION

This is a Song-Beverly action.  On March 12, 2024, Plaintiff Austin Gauntt filed this motion to compel Defendant General Motors, LLC to provide further responses to Plaintiff’s Request for Production of Documents, Set One, Nos. 16-21.  Plaintiff does not seek sanctions.  There is a stipulated protective order in place.[1]

On March 21, 2024, the parties participated in an Informal Discovery Conference (IDC).  After conferring with counsel, the court directed counsel to meet and confer.  Plaintiff was directed to file a Notice of Outcome by April 4, 2024. The IDC was continued to April 11, 2024.

On April 4, 2024, Plaintiff filed a Notice of Outcome.  As relevant here, the Notice stated the parties came to the following agreement regarding Plaintiff’s discovery requests: 

The parties agreed to narrow the definition of the “Engine Defect” to the following terms: Reduced engine power; Engine wiring harness replacement; DTC P2C7A; DTC P0191; DTC P0193; DTC P30de.

1.      Plaintiff’s Request for Production of Customer Complaints The parties agreed that Defendant would produce customer complaints pertaining to 2021 Chevrolet Silverados exhibiting the aforementioned defect definition symptoms sold in California.

2.      Plaintiff’s Request for Production of Warranty Claims The parties agreed that GM will produce warranty claims pertaining to 2021 Chevrolet Silverados exhibiting the aforementioned defect definition symptoms sold in California.

3.      Plaintiff’s Request for Emails of the Lead Product Engineer The parties agreed that GM will produce documents relied upon in generating applicable TSB #23-NA-138, including emails.

Plaintiff also stated in the Notice he would file a Notice of Withdrawal for the April 11, 2024, IDC, and to continue this motion.

On April 4, 2024, Plaintiff filed a Notice of Withdrawal of the April 11, 2024, IDC.

On April 10, 2024, Defendant filed an opposition. 

Plaintiff did not file a reply.

II.        DISCUSSION

On April 4, 2024, the parties reached an agreement regarding Plaintiff’s production requests.  However, Plaintiff has not updated the court regarding the status of this discovery dispute.  The court will hear from the parties whether this motion is moot.

III.       CONCLUSION 

The court will hear from the parties.

Dated:   September 20, 2024