Judge Lee W. Tsao, Case Number: 23NWCV00373, Date: 2024-02-07 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV00373, Date: 2024-02-07 Tentative Ruling

Case Number: 23NWCV00373 Hearing Date: February 7, 2024 Dept: C

Higham, et al. v. oremor of victorville, et al.

CASE NO.: 23NWCV00373

HEARING: 2/7/24 @ 10:30 AM

1. Plaintiffs’ Motion to Compel Further Responses is GRANTED with the limitations set forth below. Defendant is ordered to serve its responses within 30 days of this Order.

2. Plaintiffs’ request for sanctions is DENIED.

Moving Party to give NOTICE.

Plaintiffs Taryn Higham and Sarah Higham (collectively Plaintiffs) move to compel further responses to their Special Interrogatories (set one) and seek sanctions.

Background

On February 3, 2023, Plaintiffs filed a Complaint against FCA US, LLC (Defendant) for violations of the Song-Beverly Act and against Oremor of Victorville, LLC for Negligent Repair.

Legal Standard

On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply:

(1) An answer to a particular interrogatory is evasive or incomplete.

(2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate.

(3) An objection to an interrogatory is without merit or too general.

(CCP § 2030.300(a).)

Meet and Confer

The parties have adequately met and conferred.

Discussion

Interrogatories Nos. 45-48 seek information related to rate of repair and defect information related to 2019 RAM 1500 vehicles generally. The Interrogatories are within the scope of discovery as discovery is broad and includes information that is admissible or reasonably calculated to lead to the discovery of admissible evidence. (Calcor Space Facility, Inc. v. Sup. Ct. (1997) 53 Cal.App.4th 216, 223-224.) The Interrogatories could provide some evidence or lead to evidence regarding civil penalties. However, the Interrogatories are overbroad because they seek information related to vehicles worldwide. Therefore, they are limited repair rates of 2021 Dodge Durango vehicles sold in California. Defendant is ordered to provide further responses as to 2021 Dodge Durango vehicles sold in California.

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. (CCP §§ 2030.300(d), 2031.310(h), 2033.290(d).)

Defendant acted with substantial justification in opposing Plaintiff’s overbroad requests. Thus, Plaintiffs’ request for sanctions is denied.

Accordingly, Plaintiffs’ Motion to Compel Further Responses is GRANTED with the limitations set forth above. Defendant is ordered to serve its responses within 30 days of this Order. Plaintiffs’ request for sanctions is DENIED.