Judge: Salvatore Sirna, Case: 24PSCV00233, Date: 2024-09-23 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 24PSCV00233    Hearing Date: September 23, 2024    Dept: G

Plaintiffs Tamara Weaver and Christopher Martinez’s Motion to Enforce Compliance with the Court’s July 10, 2024 Order

Respondent: Defendant Hyundai Motor America

TENTATIVE RULING

Plaintiffs Tamara Weaver and Christopher Martinez’s Motion to Enforce Compliance with the Court’s July 10, 2024 Order is GRANTED and Defendant Hyundai Motor America is ordered to serve code-complaint responses on Plaintiffs Tamara Weaver and Christopher Martinez within ten (10) days of the issuance of this order.

Furthermore, Plaintiffs Tamara Weaver and Christopher Martinez’s Request for Sanctions is GRANTED against Defendant Hyundai Motor America and Defendant Hyundai Motor America’s Counsel in the amount of $510.00, payable within thirty (30) days of the issuance of this order.

BACKGROUND

This is a Song-Beverly action. In August 2018, Plaintiffs Tamara Weaver and Christopher Martinez allegedly entered into a warranty contract with Defendant Hyundai Motor America (Hyundai) by purchasing a 2018 Hyundai Elantra. Subsequently, Weaver and Martinez allege the vehicle presented with serious defects including engine, suspension, electrical, steering, emission, and transmission system defects. 

On January 23, 2024, Weaver and Martinez filed a complaint against Hyundai; Romero Motors, LLC, doing business as Ontario Hyundai; and Does 1-10, alleging the following causes of action: (1) breach of express warranty, (2) breach of implied warranty, (3) violation of Song-Beverly Act section 1793.2, subdivision (b), and (4) negligent repair.

On August 16, 2024, Weaver and Martinez filed the present motion. A hearing on their motion is set for September 23, 2024, along with a post-mediation status conference/trial setting conference on February 11, 2025.

ANALYSIS

Weaver and Martinez move to compel Hyundai’s compliance with the court’s ruling at an informal discovery conference on July 10, 2024. At the informal discovery conference, the court ordered Hyundai to provide verified responses to Weaver and Martinez’s initial discovery requests by July 26, 2024. (07/10/2024 Minute Order.) Weaver and Martinez’s counsel states Hyundai has failed to provide the required responses by the court-mandated deadline and by the time the present motion was filed. (Schmitt Decl., ¶ 10, 14.) In opposition, Hyundai’s counsel does not deny failing to provide the ordered discovery responses and states they will be provided by the time this motion is heard. (Hassantash Decl., ¶ 9.) But a promise to comply in the future is insufficient when discovery responses are now overdue. Accordingly, the court GRANTS Weaver and Martinez’s motion.

Weaver and Martinez also request the award of $2,957.50 in sanctions against Hyundai and Hyundai’s counsel. Pursuant to Code of Civil Procedure section 2023.010, subdivision (g), conduct subject to sanctions includes “[d]isobeying a court order to provide discovery.” And “California discovery law authorizes a range of penalties for a party’s refusal to obey a discovery order, including monetary sanctions, evidentiary sanctions, issue sanctions, and terminating sanctions.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.)

Because Hyundai’s failure to comply with the court’s previous order necessitated the filing of this motion, the court GRANTS their request for sanctions.

Utilizing a lodestar approach, and in view of the totality of the circumstances, the court awards sanctions and finds reasonable attorney fees and costs in the total of amount of $510.00 ($450.00 for 1.5 hours drafting the moving/reply papers and 0.5 hours attending the hearing at an hourly rate of $225.00 plus $60.00 in filing fees).