Judge: Stephen I. Goorvitch, Case: 23STCV00440, Date: 2023-09-21 Tentative Ruling

Case Number: 23STCV00440    Hearing Date: September 21, 2023    Dept: 39

Francisco Coyt Zavala v. General Motors, LLC

Case No. 23STCV00440

Motion to Compel Further Responses

            NOTICE:  The Court will hear this motion at 10:30 a.m. (not 8:30 a.m.)

Plaintiff Francisco Coyt Zavala (“Plaintiff”) filed this action under the Song-Beverly Consumer Warranty Act against General Motors, LLC (“Defendant”).  Plaintiff moves to compel further responses to requests for production of documents.  The motion is granted in part and denied in part.  The Court orders Defendant to produce the following documents, except those involving communications between Defendant and counsel, to the extent it has not done so already within sixty (60) days:

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. 

            The Court denies Plaintiff’s motion for sanctions (though Plaintiff may seek attorney’s fees for the motion if she prevails).  Plaintiff’s counsel shall provide notice and file proof of such with the Court.