Judge: Kevin C. Brazile, Case: 23STCV15742, Date: 2023-11-15 Tentative Ruling

Hearing Date: November 15, 2023

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

Case No.: 23STCV00366 

Matter: Motion to Compel PMK Deposition

Moving Party: Plaintiff Miguel Hernandez

Responding Party: Defendant General Motors LLC

Notice: OK

Ruling: The Motion 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.  Plaintiff Miguel Hernandez seeks to compel the PMK deposition of Defendant General Motors, LLC.  

Defendant first argues that the Motion was untimely filed more than 60 days after Defendant asserted objections.  (Code Civ. Proc. § 2025.480(b).) 

This lacks merit because, under the circumstances, Code Civ. Proc. § 2025.450 is applicable.  This section has no deadline.

The Motion is granted as to testimony category no. 1, which seeks information about repairs on Plaintiff's vehicle.

 Category nos. 2 and 3 are narrowed to include TSBs relating to the defects actually suffered by the subject vehicle.

The Motion is granted as to category no. 4, which generally seeks information about how TSBs are released.  The PMK need not have information about other individual vehicles.

 Category nos. 5 and 6 are narrowed to include recalls relating to the defects actually suffered by the subject vehicle.

The Motion is granted as to category no. 7, which relates to why Plaintiff’s vehicle  was not repurchased.

The Motion is granted as to category no. 8, which relates to repurchase policies.

The Motion is granted as to category no. 9, which relates to warranty policies and procedures.

The Motion is granted as to category no. 10, which seeks warranties applicable to the subject vehicle.   

The Motion is granted as to category nos. 11 and 12, which seek repair and diagnostic procedures that were consulted.

The Motion is granted as to request nos. 13 and 14, which seek failure rates and amounts paid for a certain transmission in the U.S.  However, the PMK need only have compiled or generic information.  

The Motion is denied as to category nos. 15-17, which are overbroad and overburdensome. 

As to documents, the Motion is granted as to request nos. 1, 2, 5, 7 and 8, which relate to the subject vehicle and its repairs.

Request nos. 3-4 are narrowed to, again, relate only to TSBs and recalls actually applicable to defects suffered by the subject vehicle.

The Motion is granted as to request no. 6, which seeks documents as to Defendant’s repurchase policies.

Request nos. 9 and 10 are narrowed to only include generic or compiled data.

The Motion is denied as to request nos. 11-13, which are overbroad and overburdensome.  

Thus, the Motion to Compel is granted in part.  The PMK deposition is to take place 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.