Judge: Kevin C. Brazile, Case: 22STCV10885, Date: 2022-09-21 Tentative Ruling

Hearing Date: September 21, 2022

Case Name: Penaloza v. General Motors, LLC, et al.

Case No.: 22STCV06656

Matter: Motion to Compel PMK Deposition

Moving Party: Plaintiff Zuleyma Penaloza

Responding Party: Defendant General Motors LLC

Notice: OK

Ruling: The Motion to Compel is granted in part.

Moving party 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. 

This is a lemon law action.  On July 26, 2022, Plaintiff Zuleyma Penaloza filed the operative First Amended Complaint for (1) breach of implied warranty, (2) breach of express warranty, and (3) concealment.

Plaintiff now seeks to compel the deposition of Defendant General Motors, LLC’s PMK.  Defendant has asserted objections as to certain categories of testimony and documents as overbroad and unnecessary.  

With regard to categories of testimony, the Court rules as follows.  The Court will narrow category nos. 2 and 5 to relate only to the defects complained of by Plaintiff.  Category nos. 13 and 14 are narrowed to only relate to vehicles of the same make, model, and year as the subject vehicle.  The Court will not require that any PMK be produced for category no. 15, which seeks information as to vehicles other than the subject vehicle.  No PMK need be produced for overbroad category nos. 16 and 17, which seek all information about a certain transmission with no limits on vehicle type, time, or geographic location.  Further, no PMK need be produced for category nos. 20, 21, and 22, which are far overbroad as they seek information about every person who is conceivably involved in any repurchase decision.  Also, no PMK need be produced for category no. 26, which seeks overbroad and irrelevant information that extends to other vehicles.  All other categories of testimony will be allowed.  

The categories of documents largely mirror the testimony categories.  The Court rules as follows with regard to documents.  Category nos. 3 and 4 are similarly narrowed to relate only to nonconformities complained of by Plaintiff.  No documents need be produced for category nos. 9, 10, 11, 12, and 13 (overbroad transmission information).  No documents need be produced for category nos. 16, 17, and 18 (information about every person who is conceivably involved in any repurchase decision).  No documents need be produced for category no. 22, which extends to other vehicles.  All other documents must be produced.

The Motion is granted in part as set forth herein.  A PMK with documents should be produced within 30 days. 

Moving party 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.