Judge: Robert B. Broadbelt, Case: 20STCV31749, Date: 2022-08-19 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 20STCV31749 Hearing Date: August 19, 2022 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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MARIA
MALDONADO vs. |
Case
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20STCV31749 |
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Hearing
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August
19, 2022 |
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[Tentative]
Order RE: PLAINTIFFS’ MOTION TO COMPEL fca us llc’s FURTHER
responses to requests for production |
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MOVING PARTIES:
Plaintiffs Maria Maldonado and
Jesus Maldonado Alfaro aka Jesus Alfaro
RESPONDING PARTY: Defendant FCA US, LLC
Motion to Compel FCA US LLC’s
Further Responses to Requests for Production
The
court considered the moving, opposition, and reply papers filed in connection
with this motion.
Plaintiffs Maria Maldonado and Jesus
Maldonado Alfaro aka Jesus Alfaro (“Plaintiffs”) move the court for an order
(1) compelling defendant FCA US LLC (“Defendant”) to provide further responses
to Plaintiffs’ Requests for Production of Documents, Set One, numbers 22,
42-120, 123-132, 134, 136-142, and 162, and (2) awarding Plaintiffs sanctions
against Defendant in the sum of $2,920.
The
court grants Plaintiffs’ motion to compel a further response to Request number
162 because Defendant’s objections are without merit. (Code Civ. Proc., § 2031.310, subd.
(a)(3).)
The court denies Plaintiffs’ motion to
compel further responses to Requests numbers 22, 123-132, 134, and 136-142 on
the ground that those Requests are overbroad because they seek the production
of information that is neither relevant to the subject matter involved in this
action nor reasonably calculated to lead to the discovery of admissible
evidence.
The court grants Plaintiffs’ motion to
compel further responses to Requests numbers 42-120, limited to the production
of customer complaints relating to the defects identified in the request for
vehicles purchased in California for the same year, make, and model of the
subject vehicle, with the customers’ names, addresses, telephone numbers, and
other contact information redacted.
The court denies Plaintiffs’ request for
monetary sanctions because the court finds that, in light of the mixed results
of the court’s rulings, the circumstances presented make the imposition of
sanctions unjust. (Code Civ. Proc., §
2031.310, subd. (h).)
Pursuant to Code of Civil Procedure section
2031.310, the court orders defendant FCA US LLC (1) to serve on plaintiffs
Maria Maldonado and Jesus Maldonado Alfaro further written responses, without
objections, to Requests numbers 42-120 and 162 (as limited above) in plaintiffs
Maria Maldonado and Jesus Maldonado Alfaro’s Requests for Production of
Documents, Set One, that comply with Code of Civil Procedure sections
2031.210-2031.250, and (2) to produce to plaintiffs Maria Maldonado and Jesus
Maldonado Alfaro all documents and things in defendant FCA US LLC’s possession,
custody, or control which are responsive to those requests (as limited above),
within 30 days of the date of this order.
The court orders plaintiffs Maria Maldonado and Jesus Maldonado Alfaro
to give notice of this ruling.
IT IS SO ORDERED.
DATED: August 19, 2022
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court