Judge: Ronald F. Frazier, Case: 37-2022-00035092-CU-BC-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  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 37-2022-00035092-CU-BC-CTL BERUMEN VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/01/2023

Plaintiff's Motion to Compel Further Responses to Plaintiff's Special Interrogatories, Set One is GRANTED IN PART and DENIED IN PART. (ROA 28.) As to Special Interrogatory Nos. 2 and 26, the motion is granted.

Interrogatory No. 2 asks Defendant to identify the repair documents it issued for the alleged transmission defect in vehicles of the same make, model, and year as the subject vehicle.

Interrogatory No. 26 asks Defendant to identify (by name, location, and custodian) the database(s) it maintains which contain any electronically stored information ('ESI') regarding Defendant's 'efforts to investigate, diagnose, assess, determine, modify, repair, and/or evaluate' the alleged transmission defect in vehicles of the same make, model, and year as the subject vehicle.

As to Interrogatory Nos. 2 and 26, Defendant responded with objections only. Defendant's assertions that the requested information is not relevant and/or is subject to trade secret privilege are not persuasive. Defendant has not met its initial burden to demonstrate the information is trade secret privileged.

Defendant is to serve verified further responses on or before November 10, 2023.

As to Interrogatory Nos. 18 and 19, the motion is denied.

Special Interrogatory No. 18 is a contention interrogatory. After objections, Defendant provided a response. Plaintiff has not sufficiently addressed Defendant's objections or otherwise explained why the response is incomplete.

Interrogatory No. 19 asks Defendant to identify any repair documents relating specifically to the subject vehicle, including any updates, revisions, different versions of service bulletins, and recall amendments.

After objections, Defendant responded with a statement of compliance in accordance with section 2030.230. Plaintiff has not sufficiently addressed Defendant's objections or otherwise explained why the response is incomplete.

Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Production, Set One is GRANTED IN PART and DENIED IN PART. (ROA 24.) Calendar No.: Event ID:  TENTATIVE RULINGS

2944389  8 CASE NUMBER: CASE TITLE:  BERUMEN VS GENERAL MOTORS LLC [IMAGED]  37-2022-00035092-CU-BC-CTL At the outset, Defendant asserts it would be willing to produce at least some of the requested documents subject to a protective order. Plaintiff indicates in his papers that he has offered to stipulate to a protective order, but Defendant has not stipulated. The court will hear from Defendant's counsel as to why a stipulated protective order has not yet been signed.

As to Request Nos. 7, 8, 10, 11, 12, 13, 14, 21, 22, 23, 24, 27, 28, 30, the motion is granted. Defendant is to serve verified further responses on or before November 10, 2023.

As to Request No. 29, the motion is denied. This request seeks all early warning reports submitted by Defendant to the National Highway Traffic Safety Administration ('NHTSA') regarding the transmission defect in vehicles of the same make, model, and year as the subject vehicle. Defendant has responded that the requested documents are equally available to Plaintiff via NHTSA's website. Plaintiff has not sufficiently demonstrated this response is incomplete.

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