Judge: Ronald F. Frazier, Case: 37-2022-00033469-CU-BC-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00033469-CU-BC-CTL FERNANDEZ VS SUNROAD KM CHEVROLET LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 04/24/2023

Plaintiff's Motion to Compel Further Discovery Responses from Defendant, and Request for Sanctions is GRANTED. (ROA 34.) As to Request Nos. 16, 19-32, and 45-46, the motion is granted. Defendant asserts it has already produced documents in response to Plaintiff's requests. Defendant has missed the point of Plaintiff's motion. Plaintiff admits he has received a document production from Defendant, but is unable to determine which documents are responsive to which requests because Defendant's initial responses state no documents will be produced, and Defendant failed to serve verified further responses after producing documents. The Code requires a responding party to identify the documents responsive to each request in its responses. (Code Civ. Proc. § 2031.280(a).) Defendant has not complied with this Code requirement. As such, it is unclear whether Defendant has made a complete, partial, or no production in response to any given request.

As to Request Nos. 37-41, the motion is granted. Plaintiff seeks documents pertaining to Defendant's internal complaint and repair codes. Defendant's assertions that the requested documents are not relevant and/or are subject to trade secret privilege are not persuasive. Defendant has not met its initial burden to demonstrate the requested documents are trade secret privileged. Moreover, Defendant's concerns are mitigated by the fact that the parties have stipulated to a protective order in this case.

Defendant is ordered to serve verified further responses to the requests on or before October 27, 2023.

Plaintiff's request for monetary sanctions is granted. Defendant is ordered to pay the monetary sanction of $3,210.00 to Plaintiff on or before October 27, 2023.

Plaintiff's motion exceeded the page limit. (Cal. R. Court, rule 3.3113(d).) Plaintiff's counsel is to comply with all court rules going forward. The court has discretion to refuse to consider memoranda that exceed the page limit. (Cal. R. Court, rules 3.1113(g); 3.1300(d).) Defendant's counsel is admonished for citing the irrelevant rulings of other trial courts in its briefing. The opposition refers to a transcript wherein a trial court judge mentions the tremendous burden discovery motions are creating for the courts. (Opp. at 4:20-23; Quezada Decl. at Exh A.) The inclusion of a transcript from a hearing that occurred more than six years ago in a case pending in Los Angeles is of absolutely no relevance to this court's determination of the issues before it on this motion. To the contrary, Defendant's inclusion of such unnecessary exhibits only serves to increase the burden on the court.

Calendar No.: Event ID:  TENTATIVE RULINGS

2966458  10 CASE NUMBER: CASE TITLE:  FERNANDEZ VS SUNROAD KM CHEVROLET LLC [IMAGED]  37-2022-00033469-CU-BC-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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