Judge: Robert B. Broadbelt, Case: 21STCV32014, Date: 2023-02-03 Tentative Ruling

Case Number: 21STCV32014    Hearing Date: February 3, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Rina Morataya Gonzalez a/k/a Rina Gonzalez            

RESPONDING PARTY:       Defendant Kia Motors America, Inc.

Motion to Compel Further Discovery Responses to Requests for Production

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Rina Morataya Gonzalez a/k/a Rina Gonzalez (“Plaintiff”) moves the court for an order (1) compelling defendant Kia Motors America, Inc. (“Defendant”) to provide further responses to Plaintiff’s Requests for Production of Documents, numbers 30 through 33, and (2) awarding sanctions in favor of Plaintiff and against Defendant in the amount of $3,310.

The court denies Plaintiff’s motion to compel Defendant’s further responses to Request for Production numbers 30 and 31 on the grounds that (1) the requests are overbroad because they not only seek production of documents and information that are relevant to the subject matter involved in this action and appear reasonably calculated to lead to the discovery of admissible evidence, but they also seek a wide range of documents and information that are not, and (2) the requests would impose undue burden and expense on Defendant.  (Code Civ. Proc., §§ 2017.010, 2019.030, subd. (a)(2).)  However, this ruling is without prejudice to Plaintiff’s propounding demands for production that are appropriately limited in scope or interrogatories which request the information sought for vehicles purchased in California for the same year, make, and model of the subject vehicle.

The court grants Plaintiff’s motion to compel Defendant’s further response to Request for Production number 32, limited to the production of complaints received from customers relating to engine defects alleged in Plaintiff’s Complaint in vehicles purchased in California for the same year, make, and model of the subject vehicle.

The court grants Plaintiff’s motion to compel Defendant’s further response to Request for Production number 33, limited to the production of complaints received from customers relating to electrical defects alleged in Plaintiff’s Complaint in vehicles purchased in California for the same year, make, and model of the subject vehicle.

The court denies Plaintiff’s request for sanctions because, in light of the mixed results of the court’s ruling, 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 Kia America, Inc. (1) to serve on plaintiff Rina Morataya Gonzalez a/k/a Rina Gonzalez further written responses, without objections, to Requests for Production numbers 32 and 33 (as limited above) in plaintiff Rina Morataya Gonzalez a/k/a Rina Gonzalez’s Requests for Production of Documents that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Rina Morataya Gonzalez a/k/a Rina Gonzalez all documents and things in defendant Kia America, Inc.’s possession, custody, or control which are responsive to those requests (as limited above), within 30 days of the date of service of this order.  

The court orders plaintiff Rina Morataya Gonzalez a/k/a Rina Gonzalez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 3, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court