Judge: Theresa M. Traber, Case: 21STCV47608, Date: 2022-08-30 Tentative Ruling

Case Number: 21STCV47608    Hearing Date: August 30, 2022    Dept: 47

PLEASE POST THIS FOR THE IDC TOMORROW:

The Court issues this minute order in advance of the informal discovery conference (IDC) scheduled for August 30, 2022, to address disputes arising from Plaintiff Reginaldo Sanchez’s requests for production of documents from Defendant General Motors LLC.   

The Court orders the parties to meet and confer by telephone or video-chat in advance of the 1:30 p.m. IDC or at the beginning of the IDC to discuss the possibility of an informal resolution of the parties’ disputes without the involvement of the Court.  In conducting the parties’ meet-and-confer process, counsel should be aware of the following guidelines. 

When the Court is faced with a discovery dispute in a Song-Beverly case, the Court will usually order that the plaintiff and defendant provide to the opposing side copies of the following documents and things to the extent that they are in their respective possession, custody and/or control:

1.         Defendant shall produce the “Warranty Policy and Procedure Manual” published by Defendant and provided to its authorized repair facilities, within the State of California, for the period from the date of purchase of the subject vehicle to present, for vehicles that are the same make, model and year of Plaintiff’s vehicle.

2.         Defendant shall produce any internal analysis or investigation regarding defects alleged in plaintiff’s complaint in vehicles for the same year, make, and model of the subject vehicle. This includes Recall Notices, Technical Service Bulletins, workshop manuals specifying diagnosis and repair procedures, and communications regarding Defendant’s decisions to issue such documents.

3.         Defendant shall produce any customer complaints and claims, warranty claims, and reported failures relating to defects alleged in Plaintiff’s complaint in vehicles purchased in California for the same year, make and model of the subject vehicle.

4.         Defendant shall produce all documents evidencing policies and procedures used to evaluate customer requests for repurchase pursuant to the Song-Beverly Consumer Warranty Act, for the period from the date of purchase of the subject vehicle to present, for vehicles that are the same make, model and year of Plaintiff’s vehicle.

5.         Repair orders and invoices concerning the subject vehicle.

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

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

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

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