Judge Lee W. Tsao, Case Number: 22NWCV01702, Date: 2024-03-28 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01702, Date: 2024-03-28 Tentative Ruling

Case Number: 22NWCV01702 Hearing Date: March 28, 2024 Dept: C

OREJEL v. AMERICAN HONDA MOTOR CO.

CASE NO.: 22NWCV01702

HEARING: 03/28/24

TENTATIVE RULING

Plaintiff’s Motion to Compel Further Responses to Requests for Production of Documents (set one) is GRANTED in part. Further responses are due in 30 days.

Moving party to give notice.

This lemon law action was filed by Plaintiffs JOSE SANCHEZ OREJEL and SUSANA SANCHEZ (“Plaintiffs”) on December 22, 2022.

On October 25, 2023, Plaintiffs filed the subject Motion, which seeks to compel Defendant’s further responses to Request for Production of Documents (set one) Nos. 20, 22, 23, 26, 27, 28, 29, 30, 32, and 45-46.

CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).)

The Motion is GRANTED in part.

Request Nos. 20, 22, 23, 26, 27, 28, 29, 30, and 32

As to Requests Nos. 20, 22, 23, 26, 27, 28, 29, 30, and 32, Defendant responds that it has made a diligent search and reasonable inquiry and no such documents have ever existed.

Accordingly, Plaintiff’s request to compel further response to Requests Nos. 20, 22, 23, 26, 27, 28, 29, 30, and 32 is DENIED.

Requests Nos. 45 and 46

Request No. 45: All DOCUMENTS evidencing complaints by owners of 2019 Honda Civic vehicles regarding any of the complaints that the SUBJECT VEHICLE was presented to YOUR or YOUR authorized repair facilities for repair during the warranty period.

Request No. 46: All documents evidencing warranty repairs to 2019 Honda Civic vehicles regarding any of the components that YOU or YOUR authorized repair facilities performed repairs on under warranty

Requests Nos. 45 and 46 are overbroad because they seek documents related to 2019 Honda Civic vehicles, worldwide. These requests will be limited to documents concerning Honda Civic vehicles sold in California.

Accordingly, Plaintiff’s motion to compel further response to Requests Nos. 45 and 46 is GRANTED in part. Further responses are due in 30 days.

Sanctions

The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).) The Court finds that Defendant acted with substantial justification.