Judge: Robert B. Broadbelt, Case: 20STCV31749, Date: 2022-08-19 Tentative Ruling

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Case Number: 20STCV31749    Hearing Date: August 19, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

MARIA MALDONADO , et al.;

 

Plaintiffs,

 

 

vs.

 

 

CERRITOS DODGE, INC. , et al.,

 

Defendants.

Case No.:

20STCV31749

 

 

Hearing Date:

August 19, 2022

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

PLAINTIFFS’ MOTION TO COMPEL fca us llc’s FURTHER responses to requests for production

 

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.

DISCUSSION

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