Judge: Sarah J. Heidel, Case: 23GDCV01770, Date: 2024-05-09 Tentative Ruling
Case Number: 23GDCV01770 Hearing Date: May 9, 2024 Dept: V
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES – NORTHEAST DISTRICT
DEPARTMENT V PEDRO MEZA, an individual,
Plaintiff,
vs.
FCA US LLC, a Delaware Limited Liability Company, and DOES 1
through 10, inclusive,
Defendants.
Case No.: 23GDCV01770
Hearing Date: May 9, 2024
Time: 9:00 a.m.
[TENTATIVE] ORDER RE: MOTION TO COMPEL RESPONSES, WITHOUT
OBJECTIONS, TO PLAINTIFF’S REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE)
MOVING PARTIES: Plaintiff PEDRO MEZA
RESPONDING PARTY: None
The court considered the moving papers.
BACKGROUND
Plaintiff Pedro Meza filed the complaint on August 21, 2023
alleging the following causes of action: (1) violation of Song-Beverly Act –
breach of express warranty; (2) violation of Song-Beverly Act – breach of
implied warranty; and (3) violation of the Song-Beverly Act section 1793.2.
Plaintiff leased a 2023 Jeep Grand Cherokee (subject vehicle) on June 4, 2023.
Plaintiff alleges that the subject vehicle was delivered to plaintiff with
serious defects and nonconformities to warranty and developed other serious
defects and nonconformities to warranty, including, but not limited to, the
engine, emission, and electrical system defects.
Plaintiff filed the instant motion on April 2, 2024. No
opposition has been filed.
LEGAL STANDARD
A plaintiff may serve a request for production of documents
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., § 2031.020(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., § 2031.260(a); Code Civ. Proc., § 2031.270, subd. (a) - (b).)
If a party fails to timely respond to a request for
production of documents, the party to whom the request is directed waives any
objection, including one based on privilege or on the protection for work
product. (Code Civ. Proc., § 2031.300, subd. (a).)
DISCUSSION
Plaintiff requests a court order compelling defendant to
provide verified responses without objections to plaintiff’s requests for
production of documents (set one). Plaintiff served his requests for production
of documents (set one) on October 12, 2023 by email. Defendant’s response was
due on November 13, 2023; however, defendant has not responded to the requests
for production of documents to date.
The court finds that plaintiff properly served the requests
for production of documents and defendant failed to serve verified responses.
Because defendant failed to respond, the court finds plaintiff is entitled to
an order directing defendant to provide responses to plaintiff’s requests for
production of documents (set one) without objections.
Based on the foregoing, the court GRANTS the motion to
compel responses without objections to plaintiff’s requests for production of
documents (set one).
The court orders defendant to serve verified responses
without objections to plaintiff’s request for production of documents (set one)
within 20 days of this order.
Plaintiff is ordered to give notice of this ruling.