Judge: Sarah J. Heidel, Case: 23GDCV01584, Date: 2024-06-05 Tentative Ruling

Case Number: 23GDCV01584    Hearing Date: June 5, 2024    Dept: V

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT V

EDGAR GERARDO PAREDES RAMIREZ, an individual, Plaintiff, vs. FCA US LLC, a Delaware Limited Liability Company, and DOES 1 through 10, inclusive, Defendants. Case No.: 23GDCV01584 Hearing Date: June 5, 2024 Time: 9:00 a.m.

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF’S FORM AND SPECIAL INTERROGATORIES (SET ONE)

MOVING PARTIES: Plaintiff EDGAR GERARDO PAREDES RAMIREZ

RESPONDING PARTY: Defendant FCA US LLC

The court considered the moving papers and opposition.

BACKGROUND

Plaintiff filed the complaint on July 26, 2023, against defendant FCA US LLC. Plaintiff alleges the following causes of action: (1) violation of Song-Beverly Act – breach of express warranty, (2) violation of Beverly-Song Act – breach of implied warranty, and (3) violation of the Song-Beverly Act section 1793.2. Plaintiff alleges that he purchased a 2020 Dodge Charger (subject vehicle) on May 1, 2021. Plaintiff alleges that during the warranty period, the subject vehicle contained or developed serious defects and nonconformities including but not limited to, electrical, engine, and transmission system defects. Plaintiff alleges the subject vehicle had difficulties turning on and issues accelerating.  Plaintiff filed the instant motion on March 28, 2024. Defendant filed its oppositions on May 13, 2024.

LEGAL STANDARD

A plaintiff may propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2030.020, subd. (b).) The party whom the request is propounded upon is required to respond within 30 days after service of a demand, but the parties are allowed to informally agree to an extension and confirm any such agreement in writing. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2030.270, subd. (a) - (b).) If a party fails to timely respond to interrogatories, the party to whom the request is directed waives any right to exercise the option to produce writings under Code Civ. Proc., § 2030.230, and waives any objection, including one based on privilege or on the protection for work product. (Code Civ. Proc., § 2030.290, subd. (a).) DISCUSSION Plaintiff served Form Interrogatories (Set One) and Special Interrogatories (Set One) on defendant on September 25, 2023. (Decl. of Gregory Sogoyan, ¶ 8-10; Exhs. 1-3.) Defendant served verified responses to plaintiff’s Special Interrogatories (Set One) and plaintiff’s Form Interrogatories (Set One) on May 12, 2024. (Decl. of Vanessa Van Dao, ¶ 4, Exh. A.) Because defendant has served verified responses to the interrogatories, the motion is moot. Plaintiff filed the instant motion to compel responses to form interrogatories and special interrogatories. A motion must be brought separately for each discovery method at issue. Here, the instant motion should have been filed as two separate motions and two filing fees paid, one for each motion. Accordingly, plaintiffs are ordered to pay the additional filing fee. Based on the foregoing, the motion is moot. Plaintiff is ordered to pay the additional filing fee.