Judge: Richard S. Whitney, Case: 37-2021-00005790-CU-BC-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2021-00005790-CU-BC-CTL SUNRISE KNIGHT TRUST VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFFS' MOTION TO COMPEL DEFENDANT'S COMPLIANCE WITH THE COURT'S JUNE 9, 2023, DISCOVERY ORDER AND MOTION FOR SANCTIONS is GRANTED.

On June 9, 2023, this Court ordered General Motors LLC ('Defendant') to serve further responses to Requests for Production ('RFPs') Nos. 1, 3, 20, 49, 61, 63, 85, 98, 125, 126, 127, 128, 129, 131, 132, 133, 134, 135, 139, and 142 within forty-five (45) calendar days. (ROA # 57.) On July 24, 2023, Defendant served Plaintiffs CHRIS KUCZYNSKI and SUNRISE KNIGHT TRUST's ('Plaintiffs') with supplemental responses. The responses were not verified, which Defendant does not dispute. Further, Plaintiffs represent that the supplemental responses to RFPs Nos. 20, 61, 63, 85, 98, 99, 126, 132, 139, and 142 were identical or nearly identical in response. Plaintiffs also represent that no emails have been produced. The Court is highly skeptical that the supplemental responses are Code-compliant based on these representations.

The Court concludes Defendant violated this Court's order. Plaintiffs are awarded $2,000 in sanctions against Defendant for the violation. Further, the Court will award an additional $2,000 in sanctions if Defendant does not verify the supplemental responses and provide further Code-compliant responses before June 7, 2024.

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