Judge: Stephen I. Goorvitch, Case: 22STCV18136, Date: 2023-05-11 Tentative Ruling

Case Number: 22STCV18136    Hearing Date: May 11, 2023    Dept: 39

Dolia Yomtoob, et al. v. American Honda Motor Company, Inc.

Case No. 22STCV18136

Motion to Compel Further Responses to Requests for Production of Documents

            Plaintiff Dolia Yomtoob and Don Mehrabi (collectively, “Plaintiffs”) filed this action under the Song-Beverly Consumer Warranty Act against American Honda Motor Company, Inc. (“Defendant”).  Now, Plaintiffs move to compel further responses to the requests for production of documents.  The Court grants the motion in part and denies the motion in part.  The Court orders Defendant to produce the following non-privileged documents, to the extent it has not done so already:

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.

11.       All documents concerning the decision whether to repurchase Plaintiff’s vehicle. 

Defendant is required to produce electronic mail messages (“emails”) and electronically-stored information (“ESI”) to the extent they are responsive to one of the above-referenced categories.  Defendant is not required to provide a further response to RPD #25.  The request seeks information relating to “your recall committee,” and Defendant states that it does not have “a recall committee.”  Nevertheless, Defendant must produce all non-privileged documents relating to its decision whether to repurchase Plaintiff’s vehicle, per Item #11.

Defendant shall comply with this order within sixty (60) days.  Plaintiff’s counsel shall provide notice and file proof of such with the Court.