Judge: Matthew C. Braner, Case: 37-2022-00013170-CU-BC-CTL, Date: 2023-12-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  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 Discovery Hearing 37-2022-00013170-CU-BC-CTL DAVILA VS KIA MOTORS AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Claudia Davila's motion to compel Defendant Kia America, Inc.'s compliance with the court's discovery order has been withdrawn and is therefore denied as moot.

With respect to Plaintiff's motion to compel the deposition of Defendant's person most qualified, the court will hear from the parties regarding the court's thoughts set forth below.

As the court understands the issue, Plaintiff is arguing that Defendant produced an unqualified PMQ on two broad categories of questioning. The first category involves testimony related to vehicles of the same make, model, and year that had the same Powertrain Defect, as defined in the notice and in Plaintiff's prior document requests and identified as sufficiently specific in this court's prior order compelling the production of certain documents. (ROA #53.) The second category involves testimony related to Defendant's policies and procedures concerning the Song-Beverly Act. Plaintiff contends each broad category is relevant to the determination of whether Defendant's purported failure to comply with the requirements of the Song-Beverly Act was willful, which could expose it to civil penalties. (Civ. Code, § 1794, subd. (c).) As to the first category, the court is inclined to draw a line between the burden on defendant occasioned by searching for potentially responsive documents related to other vehicles, and the burden triggered by needing to prepare a PMQ to discuss a potentially extraordinarily broad category of information that is only arguably relevant or necessary. Unless the documents produced in relation to the request for production of other vehicle information uncovers a specific and very analogous situation with a vehicle of the same make, model, and year that would allow a PMQ to effectively review the relevant documents and make inquiries with other employees directly involved in that situation, the court believes this category of questioning is overbroad and unduly burdensome.

The same is not true, however, with respect to the second category related to Defendant's policies and procedures. The burden to prepare a witness to discuss such issues is not undue, and such testimony is relevant to Plaintiff's core claim and claim for civil penalties. As such, the court is inclined to compel Defendant to produce a PMQ adequately prepared to discuss Defendant's policies and procedures with respect to the Song-Beverly Act.

Finally, whether the court ultimately decides to compel further deposition on some of the requested categories, it is very unlikely that it will award sanctions of any kind to either party.

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