Judge: Thomas D. Long, Case: 24STCV08106, Date: 2025-02-27 Tentative Ruling

Case Number: 24STCV08106    Hearing Date: February 27, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On April 2, 2024, Plaintiffs Noe Rodriguez Chaire and Ismael Andres filed this Song-Beverly action against Defendant Kia America Inc.

On October 5, 2024, Plaintiffs filed a motion to compel further responses to Requests for Production, Set One.

A party may move to compel a further response to a demand for production of documents if the demanding party deems that the statement of compliance with the demand is incomplete; the representation of inability to comply is inadequate, incomplete, or evasive; or an objection in the response is without merit or too general.  (Code Civ. Proc., § 2031.310, subd. (a).)  The motion must set forth specific facts showing good cause justifying the discovery sought by the demand.  (Code Civ. Proc., § 2031.310, subd. (b)(1).)

For a motion to compel further, the moving party must meet and confer with the opposing party and file a Separate Statement or follow the Court’s alternative method of outlining the disputes.  (Code Civ. Proc., § 2031.310, subd. (b); California Rules of Court, rule 3.1345(b).)  This Department requires the parties to follow the procedures outlined in Exhibit A of Department 48’s Courtroom Information (available on the Court’s website, www.lacourt.org) and file a joint statement.

Plaintiffs’ counsel’s declaration and separate statement make clear that they did not attempt to follow these procedures.  On June 11, 2024, Plaintiffs sent a 12-page letter to Defendant.  (Ponce Decl. ¶ 18 & Ex. G.)  On June 18, 2024, Defendant sent a 4-page responsive letter.  (Ponce Decl. ¶ 20 & Ex. H.)  Defendant “invite[d] Plaintiff to further meet and confer to discuss these requests if Plaintiff believes that they can properly narrow the requests and properly limit them in scope,” and Defendant asked Plaintiff to “[p]lease advise of a date and time you are available to discuss these matters on the telephone in an attempt to resolve any further outstanding issues.”  (Ponce Decl., Ex. H.)  This should not have been the end of the parties discussions.  Defendant did not, in fact, “force[] Plaintiffs to file this instant motion and seek the Court’s intervention.”  (Ponce Decl. ¶ 21.)

The Court will continue the hearing on this motion so the parties may meet and confer and follow the proper procedures.

The Hearing on Motion to Compel Further Discovery Responses to Plaintiffs’ Request for Production of Documents, Set One is CONTINUED to May 6, 2025 at 8:30 a.m.

The parties are ordered to meet and confer in good faith.  The Court strongly encourages the parties to consult newly enacted Code of Civil Procedure section 871.26 for guidance on the scope of relevant discovery.

For any unresolved issues, the parties are ordered to file a Joint Statement (in accordance with the procedures outlined in Exhibit A of Department 48’s Courtroom Information) no later than April 29, 2025.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 27th day of February 2025