Judge: Kevin C. Brazile, Case: 20STCV37014, Date: 2022-12-19 Tentative Ruling

Hearing Date: December 19, 2022

Case Name: Hernandez, et al. v. FCA US, LLC, et al.

Case No.: 19STCV16785

Matter: Motion to Compel Compliance

Moving Party: Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez

Responding Party: Defendant FCA US LLC

Notice: OK

Ruling: The Motion is denied.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a lemon law action.  On April 2, 2021, the Court granted a motion to compel further responses filed by Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez as to their requests for production nos. 12-16, 20-25, 57, 60, and 61. 

On October 29, 2021, the Court granted Plaintiffs’ motion to compel compliance with the April 2, 2021, order.  The Court specifically ordered Defendant FCA US LLC to:

1. provide relevant documents from a class action captioned Moran v. FCA US LLC, et al. in the District Court for Southern District of California, Case No. 3:17-CV-02594; and 

2. “perform the following searches proposed by Plaintiffs ... and to produce all non-privileged documents resulting from these searches, using the following search string: [(Pacifica or RU) and jerk! or slip! or "los! /2 power" or die or dying or dead or accelerat! or decelerat!) and (transmission or engine)]; on the following FCA databases: CAGRIS (for field reports), CAIR (for customer complaints), PGTIS, PRAS, and GWS (for warranty data); and on the following custodians: Jessica Lafond; Jerry Hendler; Patrick Gibbons; Julian John; and Chris Whiteman."  FCA must provide a declaration "based on personal knowledge of FCA' s search, review, and collection efforts, attesting to: (1) the databases and custodians searched; (2) the search strings, search terms, and review parameters used in the searches and production (including the search strings, search terms, and review parameters for the searches and production carried out in the Moran class action); (4) the number of hits each search produced; (5) whether FCA excluded documents from hits from its searches, and if so, on what bases; and (6) how FCA's searches were crafted so that they will not be likely to exclude relevant documents”

In its prior September 16, 2021, tentative ruling, the Court also noted that Defendant should provide further responses to requests nos. 12-16, 20-25, 57, and 60-61, without objection.

On June 21, 2022, the Court again granted Plaintiffs’ motion to compel compliance, ordering further responses and further production for requests for production, set one, based on other databases and search terms. 

Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez yet again seek to compel compliance.  They also seek monetary sanctions.  Plaintiffs contend that Defendant has failed for the fourth or fifth time to provide sufficient responses and production.

The Court has reviewed the responses and finds that Defendant's obligations have been substantially fulfilled.  The Motion is denied.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.