Judge: Michael P. Linfield, Case: 21STCV34759, Date: 2023-01-06 Tentative Ruling
Case Number: 21STCV34759 Hearing Date: January 6, 2023 Dept: 34
SUBJECT: Motion to Compel Further Responses to Plaintiff’s Requests for
Production of Documents, Set Two
Moving Party: Plaintiff
Shawn Lame
Resp. Party: Defendant Jaguar Land Rover North America, LLC
Plaintiff’s
Motion is GRANTED in part. The Motion is GRANTED as to Requests for Production
of Documents No. 2 and 4. The Motion is DENIED as to all other Requests for
Production of Documents. Defendant shall have 10 calendar days to serve
Plaintiff with the production.
Plaintiff’s
Request for Sanctions is DENIED.
BACKGROUND:
On September 21, 2021, Plaintiff Shawn Lame
filed his Complaint against Defendant Jaguar Land Rover North America, LLC on
causes of action pursuant to the Song-Beverly Consumer Warranty Act.
On February 9, 2022, Defendant filed its
Answer.
On November 28, 2022, Plaintiff filed his
Motion to Compel Further Responses to Plaintiff’s Requests for Production of
Documents, Set Two. Plaintiff concurrently filed: (1) Declaration of Ristin
Messih; (2) Separate Statement; and (3) Proposed Order.
On December 22, 2022, Defendant filed its
Opposition. Defendant concurrently filed Declaration of Luis Perez.
On December 28, 2022, Plaintiff filed his
Reply.
ANALYSIS:
I.
Legal Standard
A motion to compel further responses to
requests for production “shall set forth specific facts showing good cause
justifying the discovery sought by the inspection demand.” (Code Civ. Proc., §
2031.310, subd. (b)(1).) “To establish ‘good cause,’ the burden is on the
moving party to show both: [¶] Relevance to the subject matter (e.g., how the
information in the documents would tend to prove or disprove some issue in the
case); and [¶] Specific facts justifying discovery (e.g., why such information
is necessary for trial preparation or to prevent surprise at trial.)
[Citations.] [¶] The fact that there is no alternative source for the
information sought is an important factor in establishing ‘good cause’ for
inspection. But it is not essential in every case.” (Edmon & Karnow,
California Practice Guide: Civ. Proc. Before Trial (The Rutter Group 2017) ¶
8:1495.6.) “For discovery purposes, information is relevant if it ‘might
reasonably assist a party in
evaluating the case, preparing for trial, or facilitating settlement.’
[Citation] Admissibility is not the test and information, unless privileged, is
discoverable if it might reasonably lead to admissible evidence. [Citation]
These rules are applied liberally in favor of discovery.” (Gonzales v.
Super. Ct. (1995) 33 Cal.App.4th 1539, 1546.)
“If ‘good cause’ is shown by the moving
party, the burden is then on the responding party to justify any objections
made to document disclosure (the same as on motions to compel answers to
interrogatories or deposition questions).” (Edmon & Karnow, supra,
at ¶ 8:1496.)
II.
Discussion
A. Requests for Production of Documents
Plaintiff moves the Court to compel Defendant
to provide further responses to the following Requests for Production:
REQUEST FOR
PRODUCTION NO. 1:
All DOCUMENTS
referencing, evidencing, and/or relating to YOUR policies, procedures, or
guidelines for determining whether a vehicle is eligible for a vehicle
repurchase under the Song-Beverly Consumer Warranty Act.
REQUEST FOR
PRODUCTION NO. 2:
All DOCUMENTS
regarding the SUBJECT VEHICLE that are within YOUR Customer Relations Center.
REQUEST FOR
PRODUCTION NO. 3:
All DOCUMENTS
regarding any service, warranty, and other DOCUMENTS that relate to, or may
relate to the alleged defect in the SUBJECT VEHICLE, that YOU issued to any
dealer, regional or zone offices, fleet purchasers, or other entities.
REQUEST FOR
PRODUCTION NO. 4:
YOUR recall policy
and procedure.
REQUEST FOR
PRODUCTION NO. 5:
Produce all
DOCUMENTS, including live telephone call records, audio records, tape
recordings, voice messaging records, caller message recordings, digital voice
recordings, interactive voice response unit (IVR/VRV) recordings, unified
messaging files, and computer based voice mail files between YOU and/or YOUR
call center representative(s) and YOUR authorized dealers regarding the SUBJECT
VEHICLE.
REQUEST FOR
PRODUCTION NO. 6:
All DOCUMENTS,
including electronically stored information, setting forth YOUR document
retention policy from 2011 to the present, including retention policies for
electronic data communications.
REQUEST FOR PRODUCTION
NO. 7:
All DOCUMENTS which
evidence, describe, refer, or relate to YOUR rules, policies, or procedures
since 2011 concerning the issuance of refunds to buyers or providing
replacement vehicles to buyers in the State of California under the Song-Beverly
Consumer Warranty Act.
REQUEST FOR
PRODUCTION NO. 8:
All DOCUMENTS that
YOU use, since 2011, to evaluate consumers’ requests for repurchases pursuant
to the Song-Beverly Consumer Warranty Act.
REQUEST FOR
PRODUCTION NO. 9:
All DOCUMENTS
reflecting YOUR plans, policies, procedures, programs, or measures, since 2011,
for achieving any of YOUR warranty buyback reduction goals.
REQUEST FOR
PRODUCTION NO. 10:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to warranty parts replacement trends relating to the SUSPENSION
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 11:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any internal analysis or investigation by YOU or on
YOUR behalf regarding the SUSPENSION DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 12:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to YOUR decision to issue any notices, letters,
campaigns, warranty extensions, technical service bulletins, and recalls
concerning the SUSPENSION DEFECTS in vehicles of the same year, make, and model
as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 13:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any internal analysis or investigation by YOU or on
YOUR behalf concerning the SUSPENSION DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 14:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to common parts failures relating to the SUSPENSION DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 15:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
customer complaints, claims, reported failures, and warranty claims related to
the SUSPENSION DEFECTS in vehicles of the same year, make, and model as the
Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 16:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to Failure Mode and Effects Analysis reports (or
comparable root cause analyses) concerning the SUSPENSION DEFECTS in vehicles
of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 17:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any National Highway Traffic Safety Administration
(“NHTSA”) complaints regarding the SUSPENSION DEFECTS in vehicles of the same
year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 18:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any Early Warning Reports (“EWR”) complaints
regarding the SUSPENSION DEFECTS in vehicles of the same year, make, and model
as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 19:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any Transportation Recall Enhancement,
Accountability, and Documentation (“TREAD”) complaints regarding the SUSPENSION
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 20:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
customer complaints, claims, reported failures, and warranty claims related to
SUSPENSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle, including any databases in YOUR possession with information from
dealers, service departments, part departments, or warranty departments, and
all documents concerning YOUR response to each complaint, claim or reported
failure. [This request shall be understood to include a search of YOUR
Analytical Warranty System. This Request requires Defendant to produce these
DOCUMENTS in their entirety and will all fields, columns, tables, rows, and/or
datapoints, and all available information (other than any identifying customer
contact information) including field names, codes, symptom codes, part numbers,
claim numbers, and/or all other information that exists within these
DOCUMENTS.]
REQUEST FOR
PRODUCTION NO. 21:
All DOCUMENTS
including electronically stored information and emails, that were sent,
received, prepared, and/or reviewed by YOUR Field Review Committee or its
equivalent regarding any investigation, reports, surveys, countermeasure, or
failures, regarding the SUSPENSION DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 22:
All DOCUMENTS,
including electronically stored information and emails within YOUR customer
satisfaction surveys, or the equivalent, regarding the SUSPENSION DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 23:
All DOCUMENTS, including
electronically stored information and electronic mails, concerning, referring,
or relating to any field technical reports from YOUR agents, representatives,
or employees to YOU which provide YOU with information relating to suggested
repair procedures for commonly observed problems relating to SUSPENSION DEFECTS
in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 24:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to repeat repair failures relating to SUSPENSION DEFECTS in vehicles
of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 25:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal analysis or investigation by YOU or on YOUR behalf regarding
SUSPENSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle.
REQUEST FOR
PRODUCTION NO. 26:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any customer concerns YOU have relating SUSPENSION DEFECTS in vehicles of the
same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 27:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any decision to issue any notices, letters, campaigns, warranty extensions, technical
service bulletins, and recalls concerning the SUSPENSION DEFECTS in vehicles of
the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 28:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any decision to modify any component parts in response to the SUSPENSION
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 29:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any fixes in response to the SUSPENSION DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 30:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal investigation and analysis by YOU or on YOUR behalf regarding the
SUSPENSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle. [This request shall be interpreted to include any such investigation to
determine the root cause of the SUSPENSION DEFECTS, such as investigation to
design a permanent repair procedure for the SUSPENSION DEFECTS.]
REQUEST FOR
PRODUCTION NO. 31:
All DOCUMENTS related
to any electronic mail (including current, backed-up and archived programs,
accounts, unified messaging, server-based e-mail, Web-based e-mail, dialup
e-mail, user names and addresses, domain names and addresses, e-mail messages,
attachments, manual and automated mailing lists and mailing list addresses)
which in any way relate to SUSPENSION DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 32:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal analysis or investigation by YOU or on YOUR behalf regarding
SUSPENSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle. [This request shall be interpreted to include any such investigation
to determine the root cause of such SUSPENSION DEFECTS, any such investigation
to design a permanent repair procedure for such SUSPENSION DEFECTS, any such
investigation into the failure rate of parts associated with the SUSPENSION
DEFECTS, any cost analysis for implementing a proposed repair procedure for
such SUSPENSION DEFECTS, and any savings analysis for not implementing proposed
repair procedures for such SUSPENSION DEFECTS.]
REQUEST FOR
PRODUCTION NO. 33:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to warranty parts replacement trends relating to the ELECTRICAL
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 34:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any internal analysis or investigation by YOU or on
YOUR behalf regarding the ELECTRICAL DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 35:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to YOUR decision to issue any notices, letters,
campaigns, warranty extensions, technical service bulletins, and recalls
concerning the ELECTRICAL DEFECTS in vehicles of the same year, make, and model
as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 36:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any internal analysis or investigation by YOU or on
YOUR behalf concerning the ELECTRICAL DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 37:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to common parts failures relating to the ELECTRICAL DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 38:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
customer complaints, claims, reported failures, and warranty claims related to
the ELECTRICAL DEFECTS in vehicles of the same year, make, and model as the
Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 39:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to Failure Mode and Effects Analysis reports (or
comparable root cause analyses) concerning the ELECTRICAL DEFECTS in vehicles
of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 40:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any National Highway Traffic Safety Administration
(“NHTSA”) complaints regarding the ELECTRICAL DEFECTS in vehicles of the same
year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 41:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any Early Warning Reports (“EWR”) complaints
regarding the ELECTRICAL DEFECTS in vehicles of the same year, make, and model
as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 42:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any Transportation Recall Enhancement,
Accountability, and Documentation (“TREAD”) complaints regarding the ELECTRICAL
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 43:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
customer complaints, claims, reported failures, and warranty claims related to
ELECTRICAL DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle, including any databases in YOUR possession with information from
dealers, service departments, part departments, or warranty departments, and
all documents concerning YOUR response to each complaint, claim or reported
failure. [This request shall be understood to include a search of YOUR
Analytical Warranty System. This Request requires Defendant to produce these
DOCUMENTS in their entirety and will all fields, columns, tables, rows, and/or
datapoints, and all available information (other than any identifying customer
contact information) including field names, codes, symptom codes, part numbers,
claim numbers, and/or all other information that exists within these
DOCUMENTS.]
REQUEST FOR
PRODUCTION NO. 44:
All DOCUMENTS
including electronically stored information and emails, that were sent,
received, prepared, and/or reviewed by YOUR Field Review Committee or its
equivalent regarding any investigation, reports, surveys, countermeasure, or
failures, regarding the ELECTRICAL DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 45:
All DOCUMENTS,
including electronically stored information and emails within YOUR customer
satisfaction surveys, or the equivalent, regarding the ELECTRICAL DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 46:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to suggested repair procedures for commonly observed problems relating
to ELECTRICAL DEFECTS in vehicles of the same year, make, and model as the
Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 47:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning, referring,
or relating to any field technical reports from YOUR agents, representatives,
or employees to YOU which provide YOU with information relating to repeat
repair failures relating to ELECTRICAL DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 48:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal analysis or investigation by YOU or on YOUR behalf regarding
ELECTRICAL DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle.
REQUEST FOR
PRODUCTION NO. 49:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any customer concerns YOU have relating ELECTRICAL DEFECTS in vehicles of the
same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 50:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any decision to issue any notices, letters, campaigns, warranty extensions,
technical service bulletins, and recalls concerning the ELECTRICAL DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 51:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any decision to modify any component parts in response to the ELECTRICAL
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 52:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any fixes in response to the ELECTRICAL DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 53:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal investigation and analysis by YOU or on YOUR behalf regarding the
ELECTRICAL DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle. [This request shall be interpreted to include any such investigation
to determine the root cause of the ELECTRICAL DEFECTS, such as investigation to
design a permanent repair procedure for the ELECTRICAL DEFECTS.]
REQUEST FOR
PRODUCTION NO. 54:
All DOCUMENTS related
to any electronic mail (including current, backed-up and archived programs,
accounts, unified messaging, server-based e-mail, Web-based email, dial-up
e-mail, user names and addresses, domain names and addresses, e-mail messages,
attachments, manual and automated mailing lists and mailing list addresses)
which in any way relate to ELECTRICAL DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 55:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal analysis or investigation by YOU or on YOUR behalf regarding
ELECTRICAL DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle. [This request shall be interpreted to include any such investigation
to determine the root cause of such ELECTRICAL DEFECTS, any such investigation
to design a permanent repair procedure for such ELECTRICAL DEFECTS, any such
investigation into the failure rate of parts associated with the ELECTRICAL
DEFECTS, any cost analysis for implementing a proposed repair procedure for such
ELECTRICAL DEFECTS, and any savings analysis for not implementing proposed
repair procedures for such ELECTRICAL DEFECTS.}
REQUEST FOR
PRODUCTION NO. 56:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to warranty parts replacement trends relating to the EMISSION DEFECTS
in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 57:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any internal analysis or investigation by YOU or on
YOUR behalf regarding the EMISSION DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 58:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to YOUR decision to issue any notices, letters,
campaigns, warranty extensions, technical service bulletins, and recalls
concerning the EMISSION DEFECTS in vehicles of the same year, make, and model
as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 59:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any internal analysis or investigation by YOU or on
YOUR behalf concerning the EMISSION DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 60:
All DOCUMENTS, including
electronically stored information and electronic mails, concerning, referring,
or relating to any field technical reports from YOUR agents, representatives,
or employees to YOU which provide YOU with information relating to common parts
failures relating to the EMISSION DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 61:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
customer complaints, claims, reported failures, and warranty claims related to
the EMISSION DEFECTS in vehicles of the same year, make, and model as the
Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 62:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to Failure Mode and Effects Analysis reports (or
comparable root cause analyses) concerning the EMISSION DEFECTS in vehicles of
the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 63:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any National Highway Traffic Safety Administration
(“NHTSA”) complaints regarding the EMISSION DEFECTS in vehicles of the same
year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 64:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any Early Warning Reports (“EWR”) complaints
regarding the EMISSION DEFECTS in vehicles of the same year, make, and model as
the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 65:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any Transportation Recall Enhancement,
Accountability, and Documentation (“TREAD”) complaints regarding the EMISSION
DEFECTS in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 66:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
customer complaints, claims, reported failures, and warranty claims related to
EMISSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle, including any databases in YOUR possession with information from
dealers, service departments, part departments, or warranty departments, and
all documents concerning YOUR response to each complaint, claim or reported
failure. [This request shall be understood to include a search of YOUR
Analytical Warranty System. This Request requires Defendant to produce these
DOCUMENTS in their entirety and will all fields, columns, tables, rows, and/or
datapoints, and all available information (other than any identifying customer
contact information) including field names, codes, symptom codes, part numbers,
claim numbers, and/or all other information that exists within these
DOCUMENTS.]
REQUEST FOR
PRODUCTION NO. 67:
All DOCUMENTS
including electronically stored information and emails, that were sent,
received, prepared, and/or reviewed by YOUR Field Review Committee or its
equivalent regarding any investigation, reports, surveys, countermeasure, or
failures, regarding the EMISSION DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR PRODUCTION
NO. 68:
All DOCUMENTS,
including electronically stored information and emails within YOUR customer
satisfaction surveys, or the equivalent, regarding the EMISSION DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 69:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to suggested repair procedures for commonly observed problems relating
to EMISSION DEFECTS in vehicles of the same year, make, and model as the
Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 70:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning,
referring, or relating to any field technical reports from YOUR agents,
representatives, or employees to YOU which provide YOU with information
relating to repeat repair failures relating to EMISSION DEFECTS in vehicles of
the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 71:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal analysis or investigation by YOU or on YOUR behalf regarding
EMISSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle.
REQUEST FOR
PRODUCTION NO. 72:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any customer concerns YOU have relating EMISSION DEFECTS in vehicles of the
same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 73:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any decision to issue any notices, letters, campaigns, warranty extensions,
technical service bulletins, and recalls concerning the EMISSION DEFECTS in
vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 74:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any decision to modify any component parts in response to the EMISSION DEFECTS
in vehicles of the same year, make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 75:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any fixes in response to the EMISSION DEFECTS in vehicles of the same year,
make, and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 76:
All DOCUMENTS,
including electronically stored information and electronic mails, concerning
any internal investigation and analysis by YOU or on YOUR behalf regarding the
EMISSION DEFECTS in vehicles of the same year, make, and model as the Subject
Vehicle. [This request shall be interpreted to include any such investigation
to determine the root cause of the EMISSION DEFECTS, such as investigation to
design a permanent repair procedure for the EMISSION DEFECTS.]
REQUEST FOR PRODUCTION
NO. 77:
All DOCUMENTS related
to any electronic mail (including current, backed-up and archived programs,
accounts, unified messaging, server-based e-mail, Web-based email, dial-up
e-mail, user names and addresses, domain names and addresses, e-mail messages,
attachments, manual and automated mailing lists and mailing list addresses)
which in any way relate to EMISSION DEFECTS in vehicles of the same year, make,
and model as the Subject Vehicle.
REQUEST FOR
PRODUCTION NO. 78:
All DOCUMENTS, including
electronically stored information and electronic mails, concerning any internal
analysis or investigation by YOU or on YOUR behalf regarding EMISSION DEFECTS
in vehicles of the same year, make, and model as the Subject Vehicle. [This
request shall be interpreted to include any such investigation to determine the
root cause of such EMISSION DEFECTS, any such investigation to design a
permanent repair procedure for such EMISSION DEFECTS, any such investigation
into the failure rate of parts associated with the EMISSION DEFECTS, any cost
analysis for implementing a proposed repair procedure for such EMISSION
DEFECTS, and any savings analysis for not implementing proposed repair
procedures for such EMISSION DEFECTS.]
B. Analysis
Plaintiff
moves the Court for an order striking Defendant’s objections and compelling
Defendant to provide verified, code-compliant responses and documents within 10
calendar days. (Motion, p. 15:19–21.)
Defendant
opposes the Motion, arguing: (1) that Plaintiff has not demonstrated good cause
for compelling further responses to these requests; (2) that Defendant has
produced responsive documents; (3) that the discovery at issue has no bearing
on civil penalties; (4) that Plaintiff’s definitions are vague, ambiguous,
overly broad and seek documents that are not reasonably calculated to lead to
the discovery of admissible evidence; (5) that the burden of responding is
grossly disproportionate to the alleged benefit; (6) that Defendant’s
objections were appropriate and code compliant; and (7) that Plaintiff waived
the right to compel on duplicative requests. (Opposition, pp. 9:17–18, 10:21,
10:27, 13:8–11, 14:2–3, 16:11–12, 17:15.
Plaintiff
argues in its Reply: (1) that the scope of discovery permits the documents
Plaintiff seeks; (2) that Plaintiff has established good cause for its
requests; (3) that Plaintiff’s requests are for discoverable and highly
relevant documents; (4) that the requests are not overbroad; and (5) that
“absolutely no burden exists in producing the requested documents”. (Reply, pp.
3:12–13, 4:17–18, 5:4, 7:10–11, 8:18.)
The
Court largely agrees with Defendant’s arguments. Plaintiff moves to compel 78
Requests for Production of Documents – nearly all of them vastly overbroad and
of minimal relevance to the issues at hand. The Requests involving other
vehicles of the same year, make, and model request far too much information,
and they appear to be overly burdensome in relation to either their relevance
or value. In addition, other Requests are overbroad in their use of the phrase
“relating to,” as that phrase tends to make requests both vague and overbroad.
The
Court GRANTS in part the Motion as to Requests for Production of Documents Nos.
2–4. The Court DENIES the Motion as to Requests for Production of Documents
Nos. 1 and 5–78.
III.
Sanctions
The
Court shall impose monetary sanctions against any party, person, or attorney
who unsuccessfully makes or opposes a motion to compel a deposition, a motion
to compel interrogatories, and/or a motion to compel production of documents,
unless the Court finds that the one subject to sanction acted with substantial
justification or that other circumstances make the imposition of the sanction
unjust. (Code Civ. Proc., §§ 2025.450, subd. (g)(1), 2030.290, subd. (c),
2031.300, subd. (c).)
The
Court has denied the overwhelming majority of the relief requested in
Plaintiff’s Motion. The Court DENIES Plaintiff’s Request for Sanctions.
Defendant
has not requested sanctions. Had
Defendant requested sanctions, the Court might well have granted sanctions
against Plaintiff.
IV.
Conclusion
Plaintiff’s
Motion is GRANTED in part. The Motion is GRANTED as to Requests for Production
of Documents No. 2 and 4. The Motion is DENIED as to all other Requests for
Production of Documents. Defendant shall have 10 calendar days to serve
Plaintiff with the production.
Plaintiff’s
Request for Sanctions is DENIED.