Judge: Robert B. Broadbelt, Case: 22STCV10130, Date: 2023-10-24 Tentative Ruling

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Case Number: 22STCV10130    Hearing Date: October 24, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

antonio capulong , et al.;

 

Plaintiffs,

 

 

vs.

 

 

porsche cars north america, inc. , et al.;

 

Defendants.

Case No.:

22STCV10130

 

 

Hearing Date:

October 24, 2023

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

plaintiffs’ motion to compel further responses to requests for production of documents

 

 

MOVING PARTIES:             Plaintiffs Antonio Capulong and Robert Capulong

 

RESPONDING PARTY:       Defendant Porsche Cars North America, Inc.

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.

DISCUSSION

Plaintiffs Antonio Capulong and Robert Capulong (“Plaintiffs”) move the court for an order compelling defendant Porsche Cars North America, Inc. (“Defendant”) to provide further responses to Plaintiffs’ Requests for Production of Documents, Set Two, numbers 5-50.

The court grants Plaintiffs’ motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 5-6 because the objections to those responses are without merit.  (Code Civ. Proc., § 2031.310, subd. (a)(3).)

 

The court grants Plaintiffs’ motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 7-11, 14, 16, 18-22, 25, 27, 29-33, 36, 38, 40-43, 46, and 48, limited to Defendant’s producing any internal analysis or investigation regarding the defects alleged in Plaintiffs’ Complaint in vehicles 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 grants Plaintiffs’ motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 12-13, 15, 23-24, 26, 34-35, 37, 44-45, and 47, limited to Defendant’s producing any customer complaints relating to defects alleged in Plaintiffs’ Complaint in vehicles purchased or leased in California for the same year, make, and model of the subject vehicle.  Defendant is not required to do a search of or to produce emails.

The court denies Plaintiffs’ motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 17, 28, 39, and 49-50 because those requests are overbroad.

ORDER

The court grants plaintiffs Antonio Capulong and Robert Capulong’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 Porsche Cars North America, Inc. (1) to serve on plaintiffs Antonio Capulong and Robert Capulong further written responses to plaintiffs Antonio Capulong and Robert Capulong’s Requests for Production of Documents, Set Two, (i) numbers 5-6, (ii) numbers 7-11, 14, 16, 18-22, 25, 27, 29-33, 36, 38, 40-43, 46, and 48, but limited to Defendant’s producing any internal analysis or investigation regarding the defects alleged in Plaintiffs’ Complaint in vehicles for the same year, make, and model of the subject vehicle, and (iii) numbers 12-13, 15, 23-24, 26, 34-35, 37, 44-45, and 47 but limited to Defendant’s producing any customer complaints relating to defects alleged in Plaintiffs’ Complaint in vehicles purchased or leased in California for the same year, make, and model of the subject vehicle, and (2) to produce to plaintiffs Antonio Capulong and Robert Capulong all documents and things in defendant Porsche Cars North America, Inc.’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 plaintiffs Antonio Capulong and Robert Capulong to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  October 24, 2023

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court