Judge: Stephen I. Goorvitch, Case: 22STCV15315, Date: 2023-05-22 Tentative Ruling

Case Number: 22STCV15315    Hearing Date: February 1, 2024    Dept: 39

Maria Iniguez v. American Honda Motor Company, Inc., Case No. 22STCV15315. 

THE COURT WILL ISSUE THIS ORDER BEFORE THE HEARING.  THE PARTIES SHOULD NOT APPEAR.  

Plaintiff Maria Iniguez filed this action under the Song-Beverly Consumer Warranty Act against Defendant Honda Motor Company, Inc.  Plaintiff alleges that Defendant did not respond to initial written discovery requests.  Accordingly, Plaintiff’s counsel filed motions to compel responses to requests for production of document and both special and form interrogatories, as well as a motion to deem the matters specified in the requests for admission to have been admitted.  Defendant alleges that it was never served with the discovery requests and has filed its own motions for relief from waiver of objections. 

It is unclear why the Court must resolve six different motions, three of which are set for trial after the hearing date, on an issue that the parties should resolve amongst themselves.  This is especially true in Song-Beverly Consumer Warranty Act cases, where all of the discovery is standard, i.e., Plaintiffs are entitled only to certain documents and discovery on certain subject areas, and Defendants generally cannot assert valid objections to this discovery.  The Court refers the parties to its “Courtroom Procedures,” which lists the documents/subject areas that the Court believes are relevant in most such cases. 

Based upon the foregoing, the Court orders as follows:

1.       The Court takes all motions off-calendar.

2.       The Court advances and vacates the final status conference and trial date.

3.       The Court orders the parties to meet-and-confer concerning these issues by telephone (not email) within ten (10) days.

4.       The Court orders the parties to file a joint statement on or before February 20, 2024, informing the Court whether the issues have been resolved or whether the Court still must decide the motions.  The joint statement shall also include a new proposed trial date.

5.       The Court sets a case management conference for March 1, 2024, at 8:30 a.m.  If necessary, the Court will re-set the motions for hearing at that time.  However, if the parties file a sufficient joint statement, the Court will issue a case management order without holding a hearing, per California Rules of Court, rule 3.722. 

6.       The Court’s clerk shall provide notice.