Judge Richard S. Whitney, Case Number: 37-2023-00013554-CU-BC-CTL, Date: 2024-05-10 Tentative Ruling

Judge: Richard S. Whitney, Case: 37-2023-00013554-CU-BC-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024 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 Discovery Hearing 37-2023-00013554-CU-BC-CTL PEREZ VS JAGUAR LAND ROVER NORTH AMERICA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE is GRANTED.

Defendant JAGUAR LAND ROVER NORTH AMERICA, LLC ('Defendant') opposes Plaintiffs BREANNA A. PEREZ and HECTOR D. PEREZ's ('Plaintiffs') motion to compel further responses to Plaintiffs' Requests for Production, Set One ('RFPs') Nos. 29, 34-35 and 37.

Except as to claims of privilege or attorney work product, Plaintiffs have the burden to show good cause by a fact-specific showing of relevance. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) Once good cause is shown, the burden shifts to Defendant to justify its objections. (Id.) The Court finds, as discussed further below, Plaintiffs have sufficiently demonstrated good cause because the requests, even those related to other vehicles, seek information that 'might reasonably assist [Plaintiffs] in evaluating the case, preparing for trial, or facilitating settlement.' (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) '[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.' (Code Civ. Proc., § 2017.010.) ''Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.' (Evid. Code, § 210.) '[D]oubts as to relevance should generally be resolved in favor of permitting discovery.' (Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785, 790 [Citation omitted].) The requests that pertain to other vehicles are sufficiently particularized as they relate to similar defects in the same make, model, and year as the Plaintiffs' vehicle.

Similar defects in other vehicles of the same make, model, and year could tend to prove Defendant was aware of the alleged defects in the vehicle but refused to repurchase the vehicle, notwithstanding its knowledge that it could not repair the vehicle. Both Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967 and Donlen v. Ford Motor Company (2013) 217 Cal.App.4th 138 impliedly recognize that information regarding other vehicles of the same make and model or with the same vehicle component with the same defect are relevant and use of same is not prejudicial.

The court in Doppes held terminating sanctions should have been awarded by the trial court where the defendant abused the discovery process by, inter alia, failing to produce, for a person-most-knowledgeable deposition, 'customer complaints concerning the rust inhibitor used on the 2002 Bentley Arnage.' (Doppes, supra, 174 Cal.App.4th at 972 and 993.) This request applied to a Calendar No.: Event ID: TENTATIVE RULINGS

3063677 61 CASE NUMBER: CASE TITLE: PEREZ VS JAGUAR LAND ROVER NORTH AMERICA LLC [IMAGED] 37-2023-00013554-CU-BC-CTL component in all vehicles of a certain make and model. For there to have been a discovery abuse as to such request, the information must have been discoverable. In Donlen the court held the trial court did not abuse its discretion by denying a manufacturer's motion in limine to 'exclude evidence of other vehicles and of the nonwarranty repair.' (Donlen, supra, 217 Cal.App.4th at 154.) The court found testimony from an expert regarding issues in transmissions in other F–450 truck was not prejudicial. (Id.) The case Santana v. FCA US, LLC (2020) 56 Cal.App.5th 334 supports the conclusion documents pertaining to other vehicles with similar defects are relevant as the court found internal emails between engineers about an attempted fix for a defect in similar vehicles (not just the plaintiff's vehicle) supported the jury verdict. (Id. at 347.) Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Defendant likely had knowledge of the issues. Defendant has 'an affirmative duty to replace a vehicle or make restitution' if it is 'unable to repair the new vehicle after a reasonable number of repair attempts.' (Lukather v. General Motors, LLC (2010) 181 Cal.App.4th 1041, 1050.) A manufacturer's failure to comply with its statutory duty potentially subjects it to civil penalties. (Civ. Code, § 1794, subd.

(c).) If Defendant's failure to 'replace or refund was the result of a good faith and reasonable belief the facts imposing the statutory obligation were not present,' then it is not considered a willful violation and it is not liable for civil penalties. (Kwan v. Mercedes-Benz of North America, Inc. (1994) 23 Cal.App.4th 174, 185.) Evidence of other vehicles of the same make, model, and year having the exact same defect is relevant to show Defendant's awareness of the prevalence of such defect and its reasonableness in refusing to repurchase the vehicle considering such awareness. The above analysis applies to recalls, technical service bulletins, and the like. While the circumstances as to each repurchase decision may be different, this does not render the information irrelevant because a trier of fact may find that Defendant should have considered information as to other vehicles.

Promotional materials as to similar make, model, and year of the subject vehicle that was distributed in California are potentially relevant to compare performance of the subject vehicle, and other similar vehicles, to the represented performance made by Defendant to consumers. The information could potentially provide relevant information as to whether the alleged defects Plaintiffs purportedly experienced where in fact defects. The term ''[n]onconformity' means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.' (Lundy v. Ford Motor Co. (2001) 87 Cal.App.4th 472, 477 citing Civ. Code, § 1793.22(e).) The promotional materials could inform as to what qualifies as a nonconformity that substantially impaired the use, value, or safety of Plaintiffs' vehicle to Plaintiffs. The Court is unpersuaded by Defendant's argument.

The Court has discretion to weigh the burden of compliance (such as cost, time, expense and disruption of normal business) against the likelihood of producing helpful information to avoid duplicative production and to narrow demands. (Volkswagen of America, Inc. v. Superior Court (2006) 139 Cal.App.4th 1481, 1497.) 'The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.' (Code Civ. Proc., § 2017.020(a).) Further, the Court 'shall limit the frequency or extent of discovery of electronically stored information, even from a source that is reasonably accessible' if the 'likely burden or expense of the proposed discovery outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues.' (Code Civ. Proc., § 2031.060(f).) Defendant has the burden to show its objections are justified. (Code Civ. Proc., § 2031.310(d).) 'An 'objection based upon burden must be sustained by evidence showing the quantum of work required.'' (Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [Citation omitted].) Defendant has not demonstrated the quantum of work involved to produce responsive documents to demonstrate the burden is undue.

The Court is cognizant of the burden lemon law cases are placing on California courts. The Court is aware that the cost of litigating a lemon law case can and often does exceed the total recovery a plaintiff could hope for, excluding attorney's fees. Thus, the Court would only require some showing of burden that is undue, in light of the amount in controversy, to conclude that the discovery should be denied.

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3063677 61 CASE NUMBER: CASE TITLE: PEREZ VS JAGUAR LAND ROVER NORTH AMERICA LLC [IMAGED] 37-2023-00013554-CU-BC-CTL Defendant should have provided a declaration or other evidence to support a quantification of the burden that would be involved in responding to the requests.

Defendant asserts it privacy objections are supported. Defendant fails to address how the stipulated protective order is insufficient to assuage these concerns. The Court is unpersuaded by Defendant's argument.

Defendant has failed to sufficiently support its objections. The motion is granted. Defendant is ordered to provide further responses to Plaintiffs' RFPs Nos. 29, 34-35 and 37 and to produce documents within fifteen (15) calendar days. No sanctions are awarded.

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