Judge: Stephen I. Goorvitch, Case: 21STCV11608, Date: 2022-10-19 Tentative Ruling

Case Number: 21STCV11608    Hearing Date: October 19, 2022    Dept: 39

Katherine Richey, et al. v. Nissan North America, Inc.

Case No. 21STCV11608

Motion to Compel Further Responses

            Plaintiffs Katherine Richey and Richard Richey Jr. (collectively, “Plaintiffs”) filed this action under the Song-Beverly Consumer Warranty Act against Nissan North America (“Defendant”).  Now, Plaintiff moves to compel further responses to certain Requests for Production of Documents.  The Court grants the motion in part and denies the motion in part.  Defendant shall produce the following documents, to the extent Defendant has not done so:

1.         Purchase and/or lease contract concerning the subject vehicle.

2.         Repair orders and invoices concerning the subject vehicle.

3.         Communications with dealer, factory representative and/or call center concerning the subject vehicle.

4.         Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle.

5.         Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, within the State of California, for the date the subject vehicle was purchased to the present.

6.         Any internal analysis, investigation, and/or communications regarding the same defects claimed by plaintiff in vehicles of the same year, make and model as the subject vehicle which were sold within the State of California.

7.         Any customer complaints regarding the same defects claimed by plaintiff in vehicles of the same year, make and model as the subject vehicle which were sold within the State of California.

8.         All policies and/or procedures used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act, from the date of purchase to the present.

9.         Technical Service Bulletins and/or Recall Notices regarding the same defects claimed by plaintiff in vehicles of the same year, make and model of the subject vehicle which were sold within the State of California.

10.       Any documents supporting plaintiff’s claim for incidental and/or consequential damages.

Defendant shall comply with this order within sixty (60) days.  The Court advances and vacates the final status conference and trial date and sets the following dates:

            Final Status Conference:         May 19, 2023, at 9:30 a.m.

            Trial:                                        May 30, 2023, at 9:30 a.m.

The fact discovery deadlines shall be based on the former trial date (December 6, 2022).  The expert designation and discovery deadlines shall be based on the new trial date.  Plaintiff’s counsel shall provide notice and file proof of such with the Court.