Judge: Nick A. Dourbetas, Case: 2022-01293599, Date: 2023-08-18 Tentative Ruling

Motion to Compel Production

Plaintiff Fabian Villalobos’ motion to compel defendant FCA US LLC to provide further responses to Request to Inspect and Copy Documents, Electronically Stored Information, and Other Tangible Things, Set One, is GRANTED in part and DENIED in part.  (Code Civ. Proc., § 2031.310 [authorizing motion].)

Request Nos. 8-10: Granted in part. 

Defendant shall provide full, complete, and verified further responses, without objection, and shall produce all responsive documents in its possession, custody, and/or control, without objection, limited to the time period of 1-1-2021 to present.

Request Nos. 13, 32, 33: Denied. 

Plaintiff’s definition of “PROBLEMS” lacks any specificity.  (Code Civ. Proc., § 2031.030, subd.(c)(1).) Plaintiff defined “PROBLEMS” as “any defect, problem, condition, complaint, or other issue reported by PLAINTIFF to YOU or any of YOUR authorized service and repair facilities concerning the VEHICLE.”  This definition does not specify the problems and requires Defendant to make this determination.

Request. No. 25: Granted in part. 

Defendant shall provide full, complete, and verified further responses, without objection, and shall produce all responsive documents in its possession, custody, and/or control, without objection, except those documents which defendant asserts are subject to attorney-client privilege and/or the attorney work-product doctrine.  As to any documents withheld on these grounds, defendant shall provide a privilege log.

All further responses, production, and/or privilege log shall be produced to the offices of counsel for moving party within 20 days.

Moving party’s sanctions request is DENIED.  (See Mattco Valley Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1437 [court’s discretion to deny sanctions upon mixed results].)

Moving party shall give notice.