Judge: Robert C. Longstreth, Case: 37-2022-00049703-CU-BC-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00049703-CU-BC-CTL WILKINS VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 07/12/2023

Plaintiff's Motion to Compel Further Responses to Requests for Production of Documents, and Request for Sanctions (ROA 31) is GRANTED IN PART and DENIED IN PART.

As to Request Nos. 16 and 19-32, the motion is granted. Defendant claims the motion is moot because Defendant has produced documents in response to these requests. This argument does not have merit.

Defendant's responses to each of these requests include a litany of objections and a statement that 'no documents will be produced.' Defendant is required to serve further responses to each of these requests, as neither the court nor opposing counsel can determine from Defendant's clearly deficient responses the extent to which Defendant has complied, in whole or in part, or is refusing to comply.

Among other requirements, Defendant is required to '[i]dentify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made.' (Code Civ. Proc. § 2031.240(b)(1); see also § 2031.210(a)(1).) Defendant has also failed to provide a privilege log or its equivalent, indicating that no valid privilege is in fact applicable to any document that would otherwise be produced. (See Code Civ. Proc. § 2031.240(c)(1).) Defendant's objections to these requests are overruled. Defendant is also required to identify which documents are responsive to which request or requests. (Code Civ. Proc. § 2031.280(a).) As to Request Nos. 37-41, the motion is granted. Defendant's assertion that '[d]ocuments about other vehicles are irrelevant to Plaintiff's claims and GM's defenses in this case' (Opp. at 7:23-24) does not have merit. As Plaintiff points out, and as this court is aware, documents explaining Defendant's diagnostic codes are very routinely produced by Defendant, generally constitute just a few pages, and pose no real burden to Defendant to produce. (See Mtn. at 7:17-21.) Further, Defendant has not met its initial burden to demonstrate the requested documents are trade secret privileged, nor has it complied with Code Civ. Proc. § 2031.240(c)(1).) Defendant's objections to these requests are overruled.

As to Request Nos. 45-46, the motion is denied. Defendant points out Plaintiff did not meet and confer on these requests before the motion was filed, which is required by Code. (Code Civ. Proc. §§ 2016.040 and 2031.310(b)(2).) Plaintiff appears to concede this point, as she offered no response to it in her reply papers.

Plaintiff's request for monetary sanctions against Defendant is granted. (Code Civ. Proc. § 2031.310(h).) However, in light of the fact that Plaintiff was not entirely successful on her motion, and failed to meet and confer on two of the requests in her motion before it was filed, the court reduces the amount of sanctions to $3,000.00.

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3041651  10 CASE NUMBER: CASE TITLE:  WILKINS VS GENERAL MOTORS LLC [IMAGED]  37-2022-00049703-CU-BC-CTL In its opposition and in counsel's supporting declaration, Defendant emphasizes the 'tremendous burden' such motions are placing on the courts. (Opp. at 5:24-6:6; Gavrilescu Decl. at ¶¶ 11-12.) In this case, as in others where the court has made similar observations, the Defendant is primarily responsible for the burden this discovery motion has created for everyone.

Defendant is ordered to serve verified further responses the requests as to which this motion to compel is granted, without objection, to produce any documents responsive to these requests that have not already been produced, to identify which documents, whether already produced or produced in response to this order, are responsive to which request, and to pay monetary sanctions to Plaintiff in the amount of $3,000.00, on or before March 15, 2024.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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