Judge: Matthew C. Braner, Case: 37-2021-00049473-CU-BC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2021-00049473-CU-BC-CTL MCEWEN VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Michael McEwen's motion to compel compliance with the court's discovery order is DENIED.

Plaintiff styles his motion as a motion to compel Defendant General Motors LLC to comply with a discovery court order. In this regard, the court disagrees that Defendant has failed to comply with its orders. At the hearing on June 22, 2023, the court created a record of the parties' agreement regarding production of documents, and on June 27, 2023, signed an order reflecting that agreement. (ROA #70.) Nothing in that order reflects an understanding that Defendant agreed to waive its objections to Plaintiff's document requests.

Thereafter, at the August 11, 2023 hearing, the court denied as moot Plaintiff's motion to compel production of documents based on the representation from Defendant that it would produce the documents described in the June 27, 2023 order. On August 21, 2023, Defendant supplemented its responses to Plaintiff's document requests, indicating that it had conducted a diligent search and reasonable inquiry, and had produced all documents in its possession, custody, or control. Defendant also identified the documents responsive to each request using bates numbers. As the court sees it, this shows compliance with the June 27, 2023 order and fulfillment of Defendant's representation at the August 11, 2023 hearing that it would produce the requested documents.

To the extent Plaintiff seeks to compel a further response to his requests for production and contends additional responsive documents have not been produced, he needs to bring an appropriate motion to compel that includes a separate statement. Without briefing and evidence as to the specific requests at issue or the specific documents Plaintiff contends are responsive but have not been produced, the court has no way to adjudicate the dispute.

Accordingly, Plaintiff's motion to compel is denied.

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