Judge: Stephen I. Goorvitch, Case: 22STCV21294, Date: 2023-03-02 Tentative Ruling

Case Number: 22STCV21294    Hearing Date: March 2, 2023    Dept: 39

Driver 69 Corporation v. General Motors, LLC

Case No. 22STCV21294

Motion to Compel Further Responses

Motion to Compel Deposition

            Plaintiff moves to compel further response to its request for production of documents.  The motion is granted in part and denied in part.  Defendant shall produce the following documents within sixty (60) days, to the extent they have not been produced 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.

Defendant’s counsel argues that information about defects in vehicles of the same make/model is not relevant.  The Court disagrees.  “In the context of discovery, evidence is ‘relevant’ if it might reasonably assist a party in evaluating its case, preparing for trial, or facilitating a settlement.  Admissibility is not the test, and it is sufficient if the information sought might reasonably lead to other, admissible evidence.” (Glenfed Development Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117.)  Defendant also argues that responsive information constitutes trade secrets.  Per Civil Code section 3426.1, “Trade secret means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”  (Civ. Code, § 3426.1.)  Defendant has not substantiated that objection with respect to the above-referenced list of documents.    

            Plaintiff also moves to compel a deposition of Defendant’s person most qualified, and to compel the production of documents specified in the deposition notice.  The motion is granted in part and denied in part.  Defendant shall produce its person most qualified for a deposition within sixty (60) days.  Defendant shall produce the documents listed above, to the extent they are not produced before the deposition.  Defendant is not required to produce any additional documents.

            Based upon the foregoing, the Court orders as follows:

            1.         The motion is granted in part and denied in part.

            2.         Defendant shall produce the listed documents within sixty (60) days.

            3.         Defendant shall make its person most qualified available for a deposition within sixty (60) days.

            4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.