Judge: Lee W. Tsao, Case: 22NWCV01294, Date: 2023-12-12 Tentative Ruling

Case Number: 22NWCV01294    Hearing Date: December 12, 2023    Dept: C

RAUL GALINDO, et al. vs GENERAL MOTORS LLC

Case No.: 22NWCV01294

Hearing: 12/12/23 @ 9:30am

# 3

Tentative Ruling

Plaintiffs Raul Galindo and Yesenia Galindo’s (Plaintiffs) Motion to Compel Further Requests for Production against Defendant General Motors LLC (Defendant) GRANTED, in part, and DENIED, in part, as follows:

I.                Requests Nos. 1-2 and 7-9 are DENIED.

II.              Request No. 3 is DENIED.

III.            Requests Nos. 12, 17, 19, 22, 24, 30, 35, 38, 41, and 42 are GRANTED in part.

IV.            Request No. 50 is GRANTED in part.

V.              Requests Nos. 55, 57, 58, and 67 are DENIED.

VI.            Requests Nos. 75, 76, 77, and 79 are GRANTED in part.

Background

On April 26, 2023, Plaintiffs propounded Requests for Production of Documents (Set One) seeking documents relating to GM’s internal investigation and analysis, among other things, of the Transmission Defects. (Sanaia Decl., ¶ 21, Ex. 8.) Specifically, Plaintiffs requested that Defendant produce documents concerning: (A) The Subject Vehicle (i.e., RFP Nos. 1, 2, 3, 7, 8, 9, and 12); (B) Internal Knowledge and Investigation related to the Transmission Defects in 2020 GMC Sierra 1500 vehicles (i.e., RFP Nos. 17, 19, 22, 24, 30, 35, 38 and 41); (C) Summaries, Memoranda, Power Points related to the Transmission Defects in 2020 GMC Sierra 1500 vehicles (i.e., RFP Nos. 42, and 50) (D) Policies and Procedures related to the Song Beverly Act (i.e. RFP Nos. 55, 57, 58, and 67); (E) Communication With Governmental Agencies and Suppliers related to the Transmission Defects in 2020 GMC Sierra 1500 vehicles (i.e., RFP Nos. 75, 76, 77, and 79). (Id. ¶ 22.)

Defendant provided its unverified Responses to Plaintiffs’ RFP (Set One) on May 24, 2023. Verifications were later served on June 15, 2023. (Id. ¶ 24, Ex. 9.)

On June 12, 2023, Plaintiffs proposed a protective order for matters concerning “confidential, proprietary, and commercially sensitive trade secret.” (Sanaia Decl. in Reply, ¶ 31.)

Meet and Confer Requirement

A motion¿to compel further responses to requests for production “shall be accompanied by a meet and confer declaration.”¿ (Code Civ. Proc. § 2031.310(b)(2).)¿ The declaration must state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented in the motion.¿ (Code Civ. Proc. § 2016.040.)¿  The Court finds that Plaintiff has fulfilled the meet and confer requirement.

Separate Statement 

A motion to compel further responses requires a separate statement.  (Cal. Rules of Court, rule 3.1345(a).) Plaintiff properly filed separate statements.

Motion to Compel Further Responses to Request for Production. 

CCP § 2031.310(a) provides that on receipt of a response to a request for production of documents, the demanding party may move for an order compelling further responses if:¿¿ 

(1) A statement of compliance with the demand is incomplete.¿¿ 

(2) A representation of inability to comply is inadequate, incomplete, or evasive.¿¿ 

(3) An objection in the response is without merit or too general.

Discussion

Requests Nos. 1-2 and 7-9

These requests concern documents relating the Subject Vehicle.

·       1: All DOCUMENTS regarding the SUBJECT VEHICLE that are maintained in YOUR databases.

·       2: All DOCUMENTS concerning the SUBJECT VEHICLE, including warranty records, customer contacts, field reports, technician line contact, field service reports, and/or dealer contacts.

·       7: All DOCUMENTS, including recalls, technical service bulletins, special service messages, dealer alerts, reports, Star Reports, campaigns, extended warranties, dealer advisories, summaries, etc., that were issued for the SUBJECT VEHICLE.

·       8: The warranty repair histories relating to the SUBJECT VEHICLE, as kept in its ordinary course of business by YOU, including diagnostic trouble codes, labor codes, part numbers, including part numbers applicable to any PCM, TCM, Engine Control Unit (“ECU”), or other module update/reprogramming.

·       9: All Vehicle Data Recovery Reports for the SUBJECT VEHICLE.

Defendant argues that it produced the responsive documents within its possession, custody, and control, and as expressly permitted under Code Civ. Proc., § 2030.230.  Defendant further argues it has identified and referred Plaintiffs to those documents, including the Vehicle Summary, the New Vehicle Invoice, the Global Warranty Vehicle History Report (which details any repairs to the Subject Vehicle under warranty), any incidentally obtained repair orders, and the Repair Order Details. 

Accordingly, Defendant has properly responded to Nos. 1-2 and 7-9 because it stated that it conducted a diligent search and produced the relevant documents.

Request No. 3

·       3: All investigations, reports, and/or studies conducted by YOU and/or on YOUR behalf regarding the root cause or failure analysis of any parts that were repaired or replaced on the SUBJECT VEHICLE and returned by any of YOUR authorized repair facilities to YOU/or anyone acting on YOUR behalf for analysis.

As to the investigation request in RFP No. 3, Defendant contends that it conducted a reasonable and diligent search and could not find any documentation relating to the investigation, reports, and/or studies. Accordingly, Defendant has properly responded to No. 3 because it stated that it conducted a diligent search and no responsive documents ever existed.

RFP Nos. 12, 17, 19, 22, 24, 30, 35, 38, 41, and 42

These requests reference internal knowledge, investigations, customer complaints, power points, memoranda, warnings, or equivalent information related to the Transmission Defects in 2020 GMC Sierra 1500 vehicles.

Defendant contends it has produced copies of those bulletins for any field action, including recalls, applicable to the Subject Vehicle, and a list of TSBs and ISBs applicable to the Subject Vehicle. However, Plaintiffs contend that it wants the ESI and emails concerning the internal analysis in the 2020 GMC Sierra 1500 vehicles.

These requests are overbroad because they seek documents related to vehicles worldwide. Therefore, these requests are granted to the extent they relate to the internal knowledge, investigations, customer complaints concerning 2020 GMC Sierra 1500 vehicles sold in California. Defendant is ordered to provide further responses to Requests Nos. 12, 17, 19, 22, 24, 30, 35, 38, 41, and 42 as to 2020 GMC Sierra 1500 sold in California.

RFP No. 50

·       50: All DOCUMENTS, including emails, regarding software release notes for all software released for the TRANSMISSION DEFECT(S) in GMC VEHICLES equipped with the 10-speed transmission like the SUBJECT VEHICLE

This request is overbroad because it seeks documents related to vehicles worldwide. Therefore, this request is granted to the extent it relates to any software release notes concerning 2020 GMC Sierra 1500 vehicles sold in California. Defendant is ordered to provide further responses to Requests No. 50 as to 2020 GMC Sierra 1500 sold in California.

RFP Nos. 55, 57, 58, and 67

Concern Policies and Procedures related to the Song Beverly Act

·       55: All DOCUMENTS that YOU use or have used, since 2020, to evaluate consumer requests for repurchases or replacements pursuant to the Song Beverly Consumer Warranty Act.

·       57: All training manuals and/or other DOCUMENTS relating to the training given to YOUR employees, agents, or representatives, since 2020, in connection with handling consumer lemon law repurchase requests.

·       58: The Warranty Policy and Procedure Manuals published by YOU and provided to YOUR authorized repair facility(s), within the state of California, since 2020 to the present.

·       67: All LEMON LAW DOCUMENTS published by YOU and provided to YOUR employees, agents, and representatives.

Defendant maintains that it has already produced to Plaintiffs its Warranty Policy & Procedure Manual and its lemon law policies and procedures manual in response to these requests; thus, there is nothing for this Court to compel.

Accordingly, Defendant has properly responded to Nos. 55, 57, 58, and 67 because it stated that it conducted a diligent search and produced the relevant documents.

RFP Nos. 75, 76, 77, and 79

These requests concern communications with governmental agencies and suppliers related to GMC vehicles.

·       75: All DOCUMENTS, including ESI, regarding any communications between YOU and any government agency or entity (e.g., the National Highway Traffic Safety Administration (“NHTSA”), the Environmental Protection Agency (“EPA”), or any other similar government agency, regarding TRANSMISSION DEFECT(S) in GMC VEHICLES.

·       76: All communications with and DOCUMENTS provided to or received from the supplier of the 10-speed transmission in GMC VEHICLES regarding an actual or suspected 10-speed transmission condition, issue, problem, or defect

·       77: All Early Warning Reports (“EWR”) YOU submitted to NHTSA concerning GMC VEHICLES.

·       79: All Transportation Recall Enhancement, Accountability, and Documentation (“TREAD”) reports YOU submitted concerning GMC VEHICLES.

Nos. 75, 76, 77 and 79 are overbroad because they seek documents not related to the subject vehicle.  Therefore, these requests are granted to the extent they relate to communications regarding the same transmission in 2020 GMC Sierra 1500 vehicles sold in California.