Judge: Robert B. Broadbelt, Case: 21STCV35444, Date: 2024-01-05 Tentative Ruling

Case Number: 21STCV35444    Hearing Date: January 5, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Ulysses Noriega       

RESPONDING PARTY:       Defendant General Motors LLC

Motion to Compel Further Responses to Requests for Production of Documents

The court considered the moving, opposition, and reply papers filed in connection with this motion.[1]

DISCUSSION

Plaintiff Ulysses Noriega (“Plaintiff”) moves the court for an order compelling defendant General Motors LLC (“Defendant”) to serve further responses to Plaintiff’s Requests for Production of Documents, Set One, numbers 1, 7, 16, 19, 21-23, 25, 38, 40, 53, 54, 56, and 57.

The court grants Plaintiff’s motion to compel Defendant’s further response to Requests for Production of Documents, number 1 because the statement of compliance with that demand is incomplete.  (Code Civ. Proc., § 2031.310, subd. (a)(1).)  The court orders Defendant to serve a further response to this request that complies with Code of Civil Procedure sections 2031.210 through 2031.250 that includes a privilege log as to any documents withheld based on the attorney-client privilege or attorney work product protection as required by Code of Civil Procedure section 2031.240.

The court grants Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 7, 25, and 56 because the objections to those demands are without merit.  (Code Civ. Proc., § 2031.310, subd. (a)(3).)

The court grants Plaintiff’s motion to compel Defendant’s further response to Requests for Production of Documents, number 16, limited to Defendant’s producing any internal analysis or investigation regarding defects alleged in Plaintiff’s First Amended Complaint in vehicles purchased for the same year, make, and model of the subject vehicle.  This includes Recall Notices and Technical Service Bulletins.  Defendant is not required to do a search of or to produce emails. 

The court denies Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 19, 22, 23, 38, 40, 53, 54, and 57 because the objections to those demands are not without merit since the demands are overbroad.  (Code Civ. Proc., § 2031.310, subd. (a)(3).)

The court grants Plaintiff’s motion to compel Defendant’s further response to Requests for Production of Documents, number 21, limited to Defendant’s producing customer complaints relating to defects alleged in Plaintiff’s First Amended Complaint in vehicles purchased in California for the same year, make, and model of the subject vehicle.

ORDER

            The court grants in part plaintiff Ulysses Noriega’s motion to compel further responses to requests for production of documents as follows.

            Pursuant to Code of Civil Procedure section 2031.310, the court orders defendant General Motors LLC (1) to serve on plaintiff Ulysses Noriega further written responses that comply with Code of Civil Procedure sections 2031.210-2031.250 to plaintiff Ulysses Noriega’s Requests for Production of Documents (i) number 1, with a privilege log as to any documents withheld based on the attorney-client privilege or attorney work product protection as required by Code of Civil Procedure section 2031.240, (ii) numbers 7, 25, and 26, (iii) number 16, limited to any internal analysis or investigation regarding defects alleged in the First Amended Complaint in vehicles purchased for the same year, make, and model of the subject vehicle, including Recall Notices and Technical Service Bulletins but excluding emails, and (iv) number 21, limited to customer complaints relating to defects alleged in the First Amended Complaint in vehicles purchased in California for the same year, make, and model of the subject vehicle, and (2) to produce to plaintiff Ulysses Noriega all documents and things in defendant General Motors LLC’s possession, custody, or control which are responsive to those requests (and limited as set forth above), within 20 days of the date of this order.

            The court orders plaintiff Ulysses Noriega to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 5, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court