Judge: Marcella O. Mclaughlin, Case: 37-2023-00017317-CU-PL-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Product Liability Discovery Hearing 37-2023-00017317-CU-PL-CTL BRADLEY VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/12/2023

A. The motion to compel further responses to requests for production of documents is GRANTED in part and DENIED in part.

The motion is denied as moot as to requests 1-17, 20, 22-26, 33, and 42. Defendant made a supplemental document production on January 4, 2024. (Dao Decl., ¶ 8; Ex. E.) The motion is granted as to requests 37 and 38. Documents regarding other vehicles that are the same year, make, and model as the subject vehicle are relevant to plaintiffs' claim for civil penalties. See Civ.

Code § 1794(c); see also Donlen v. Ford Motor Co. (2013) 217 Cal.App.4th 138; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967. '[I]f an error is made in ruling on a discovery motion, it is better that it be made in favor of granting discovery of the nondiscoverable rather than denying discovery of information vital to preparation or presentation of the party's case or to efficacious settlement of the dispute.' Norton v. Superior Court (1994) 24 Cal.App.4th 1750, 1761).

The motion is denied as to request 39. The request, as currently drafted, is temporally overbroad.

The motion is denied as to requests 28-29, 40-41, and 43-53. Sufficient responses have been provided.

Plaintiffs have not met their burden of showing why the responses are incomplete. See Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 484 ('The Song–Beverly Consumer Warranty Act was enacted to address the difficulties faced by consumers in enforcing express warranties.'); see also Williams v. Superior Court (2017) 3 Cal.5th 531, 541 (propounding party has burden of filing motion to compel if it finds the answers it receives unsatisfactory).

Defendant must serve further verified responses to requests 37 and 38 by March 1, 2024.

B. The motion to compel further responses to special interrogatories is GRANTED in part and DENIED in part.

The motion is granted as to special interrogatories 14, 20, 25-26, 39, 41, and 43. 'Central to the discovery process is the identification of potential witnesses.' Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, 1249. In this regard, defendant's reference to Code of Civil Procedure section 2025.230 in response to interrogatories 25-26, 39, 41, and 43 is evasive and nonresponsive. Moreover, defendant's attempt to exercise the option of producing documents under Code of Civil Procedure section 2030.230 with respect to interrogatories 14 and 20 is improper. Neither of these interrogatories require 'the preparation or the making of a compilation, abstract, audit, or summary' of any documents.

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3035935 CASE NUMBER: CASE TITLE:  BRADLEY VS FCA US LLC [IMAGED]  37-2023-00017317-CU-PL-CTL Essentially, defendant appears to be attempting to use its blanket invocation of section 2030.230 to avoid doing the normal work associated with answering interrogatories. Section 2030.230 was not intended to be used for such a purpose.

The motion is denied as to special interrogatory 23. A sufficient response has been provided.

Defendant must serve further verified responses to special interrogatories 14, 20, 25-26, 39, 41, and 43 by March 1, 2024.

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