Judge: William A. Crowfoot, Case: 22AHCV00410, Date: 2023-08-15 Tentative Ruling

Case Number: 22AHCV00410    Hearing Date: August 15, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.            INTRODUCTION

Plaintiff Ricardo Cervantes (“Plaintiff”) moves for an order compelling defendant Volkswagen Group of America, Inc. to provide further responses to Request for Production of Documents (“RFP”), Set No. One, Nos. 16, 19, and 21. 

II.          DISCUSSION

A.   Discovery Requests at Issue

RFP No. 16

Plaintiff seeks all documents relating to any internal analysis or investigation regarding the alleged brake system defect (“Brake System Defect”) in vehicles of the same year, make, and model as Plaintiff’s vehicle (the “Subject Vehicle”). 

RFP No. 19

Plaintiff seeks all documents concerning customer complaints, claims, reported failures, and warranty claims related to the Brake System Defect, including but not limited to any databases with information from dealers, service departments, parts departments, or warranty departments, and all documents concerning Defendant’s response to each complaint, claim, or reported failure.   

          RFP 21

Plaintiff seeks all documents concerning or relating to any fixes for the Brake System Defect in vehicles of the same year, make, and model as the Subject Vehicle.   

B.   The Court’s Ruling

Plaintiff’s motion is granted in part and denied in part.  While the Court’s ruling refers to the number of the discovery request at issue, this reference does not indicate that the request is granted in full; rather, the request is granted to the extent set forth in the ruling.  Similarly, the non-inclusion of a reference to a request number does not indicate a denial of that request if the ruling provides for production subject to the request.  The motion is granted in part and denied in part as follows:

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 of May 1, 2021 to present. (See RFP No. 19.) 

2.¿¿¿¿¿¿¿¿¿¿¿Defendant shall produce documents pertaining to records and communications about the Subject Vehicle’s warranty claim, repairs, and service performed.  (See RFP No. 19.)

3.       Defendant shall produce any internal analysis or investigation regarding the Brake System Defect, in vehicles of the same year, make, and model of the Subject Vehicle, including recall notices and technical service bulletins.  (See RFP Nos. 16 and 21.) 

4.¿¿¿¿¿¿¿¿¿¿¿Defendant shall produce any customer complaints relating to the Brake System Defect claimed by Plaintiff in vehicles purchased within California for the same year, make, and model of the Subject Vehicle, for the period May 1, 2021 to present. (See No. 19.) 

5.¿¿¿¿¿¿¿¿¿¿¿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 of May 1, 2021 to present.  (See No. 19.) 

6.¿¿¿¿¿¿¿¿¿¿¿Defendant shall provide supplemental responses in compliance with this order within 30 days.¿¿ 

III.        CONCLUSION

Plaintiff’s motion is granted in part and denied in part. No sanctions were requested and none are imposed.

Dated this 15th day of August, 2023

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.