Judge: Robert B. Broadbelt, Case: 23STCV03624, Date: 2024-03-07 Tentative Ruling

Case Number: 23STCV03624    Hearing Date: March 7, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Sepideh Arghavanifard        

RESPONDING PARTY:       Defendant Jaguar Land Rover North America, 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.

DISCUSSION

Plaintiff Sepideh Arghavanifard (“Plaintiff”) moves the court for an order compelling defendant Jaguar Land Rover North America, LLC (“Defendant”) to serve further responses to Plaintiff’s Requests for Production of Documents, Set Two, numbers 1, 2, 4, and 6-78.

The court grants Plaintiff’s motion to compel Defendant’s further response to Requests for Production of Documents, number 1, limited to the period of December 8, 2019 to the present.  (Compl., ¶ 8 [alleging that Plaintiff leased the subject vehicle on December 8, 2019].)

The court grants Plaintiff’s motion to compel Defendant’s further response to Requests for Production of Documents, number 2, because Defendant’s representation of its inability to comply with the demand is inadequate and incomplete.  (Code Civ. Proc., §§ 2031.310, subd. (a)(2), 2031.230.)

The court grants Plaintiff’s motion to compel Defendant’s further response to Requests for Production of Documents, number 4 because the objections in the response are without merit.  (Code Civ. Proc., § 2031.310, subd. (a)(3).)

The court denies Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 6, 31, 54, and 77 because those demands are overbroad and unduly burdensome since they call for information that is neither relevant to the subject matter involved in the pending action nor reasonably calculated to lead to the discovery of admissible evidence.  (Code Civ. Proc., § 2017.010.) 

The court grants Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 7-9, limited to documents constituting or evidencing Defendant’s policies or procedures concerning the issuance of refunds to buyers or providing replacement vehicles to buyers in California under the Song-Beverly Act for the period of December 8, 2019 to the present.  (Compl., ¶ 8 [alleging that Plaintiff leased the subject vehicle on December 8, 2019].)  

The court grants Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 10, 12, 14, 17-19, 21, 23-24, 27-29, 33, 35, 37, 40-42, 44, 46-47, 50-52, 56, 58, 60, 63-65, 67, 69-70, and 73-75, but Defendant shall only be required to produce any internal analyses or investigations regarding the defects alleged in Plaintiff’s 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 emails.

The court denies Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 11, 13, 16, 25, 30, 32, 34, 36, 39, 48, 53, 55, 57, 59, 62, 71, 76, and 78 because Defendant’s representations of its inability to comply with those demands are not inadequate, incomplete, or evasive.  (Code Civ. Proc., § 2031.310, subd. (a)(2).)

The court grants Plaintiff’s motion to compel Defendant’s further responses to Requests for Production of Documents, numbers 15, 20, 22, 26, 38, 43, 45, 49, 61, 66, 68, and 72, but Defendant shall only be required to produce any customer complaints relating to defects alleged in Plaintiff’s Complaint in vehicles purchased in California for the same year, make and model of the subject vehicle.

ORDER

            The court grants in part plaintiff Sepideh Arghavanifard’s motion to compel further responses to requests for production as follows.

            The court orders defendant Jaguar Land Rover North America, LLC (1) to serve on plaintiff Sepideh Arghavanifard further written responses to plaintiff Sepideh Arghavanifard’s Requests for Production of Documents, Set Two, numbers 1, 2, 4, 7-10, 12, 14-15, 17-22, 23-24, 26-29, 33, 35, 37-38, 40-47, 49, 50-52, 56, 58, 60-61, 63-68, 69-70, and 72-75, and (2) to produce to plaintiff Sepideh Arghavanifard (i) all documents and things in defendant Jaguar Land Rover North America, LLC’s possession, custody, or control which are responsive to Requests for Production of Documents, number 1, limited to the period of December 8, 2019 to the present, (ii) all documents and things in defendant Jaguar Land Rover North America, LLC’s possession, custody, or control which are responsive to Requests for Production of Documents, numbers 2 and 4, (iii) all documents and things in defendant Jaguar Land Rover North America, LLC’s possession, custody, or control that constitute or evidence defendant Jaguar Land Rover North America, LLC’s policies or procedures concerning the issuance of refunds to buyers or providing replacement vehicles to buyers in California under the Song-Beverly Act from December 8, 2019 to the present, in response to Requests for Production of Documents, numbers  7-9, (iv) all documents and things in defendant Jaguar Land Rover North America, LLC’s possession, custody, or control that constitute any internal analyses or investigations regarding defects alleged in plaintiff Sepideh Arghavanifard’s Complaint in vehicles for the same year, make, and model of the subject vehicle, including Recall Notices and Technical Service Bulletins but excluding emails, in response to Requests for Production of Documents, numbers 10, 12, 14, 17-19, 21, 23-24, 27-29, 33, 35, 37, 40-42, 44, 46-47, 50-52, 56, 58, 60, 63-65, 67, 69-70, and 73-75, and (v) all documents and things in defendant Jaguar Land Rover North America, LLC’s possession, custody, or control that constitute any customer complaints relating to defects alleged in plaintiff Sepideh Arghavanifard’s Complaint in vehicles purchased in California for the same year, make and model of the subject vehicle, in response to Requests for Production of Documents, numbers 15, 20, 22, 26, 38, 43, 45, 49, 61, 66, 68, and 72, within 20 days of the date of service of this order.

            The court orders plaintiff Sepideh Arghavanifard to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 7, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court