Judge: Michael Shultz, Case: 22CMCV00275, Date: 2023-11-14 Tentative Ruling

Case Number: 22CMCV00275    Hearing Date: December 5, 2023    Dept: A

22CMCV00275 Mariana Jimenez Martinez v. Montebello Auto Group, LLC, et al.

Tuesday, December 5, 2023 at 8:30 a.m.

TENTATIVE ORDER CONTINUING THE HEARING ON PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS

      The complaint alleges that Defendant, General Motors, Inc. (“GM”), issued a written warranty for a 2019 Chevrolet Suburban purchased by Plaintiff. The vehicle suffered from electrical and transmission defects that Defendant failed to repair within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. Plaintiff alleges one cause of action against Chevrolet of Montebello for negligent repair.

      While GM opposed the motion, the parties filed a joint statement on November 20, 2023, stating that the parties reached an agreement whereby Plaintiff would withdraw the motion if Defendant produced documents responsive to Requests 37-41 by December 4, 2023. The requests relate to documents that explain Defendant’s internal symptom and component codes used in its diagnostic process. In the joint statement, Defendant asks for a short continuance of the hearing “to allow Plaintiff time for review and subsequent withdrawal of her motion.” (Joint Stmt. 11/20/23.)

      As the parties appear to have resolved this issue, the Court continues the hearing to January 11, 2023,  at 8:30 a.m. in Department A of the Compton Courthouse. Plaintiff is ordered to provide written notice five court days before the hearing to indicate whether the motion is withdrawn.