Gerardo Trujillo Morales, et al. v. Jaguar Land Rover North America, LLC, et al

Case Number

23CV01963

Case Type

Hearing Date / Time

Mon, 01/08/2024 - 10:00

Nature of Proceedings

Plaintiffs’ Motion to Compel Further Responses to Requests For Production of Documents (Set One) as to Defendant Jaguar Land Rover North America, LLC

Tentative Ruling

Gerardo Trujillo Morales, et al. v. Jaguar Land Rover North America, LLC, et al.                                                                                        

Case No. 23CV01963

           

Hearing Date: January 8, 2024                                              

HEARING:              Plaintiffs’ Motion to Compel Further Responses to Requests For Production of Documents (Set One) as to Defendant Jaguar Land Rover North America, LLC

ATTORNEYS:        For Plaintiffs Gerardo Trujillo Morales and Luis Gerardo Morales: Kevin Y. Jacobson, Joshua Kohanoff, Quill & Arrow, LLP

                        For Defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura: Matthew C. Wolf, Ali Abouesh, Turner Henningsen Wolf & Vandenburg, LLP                       

TENTATIVE RULING:

Plaintiffs’ motion to compel further responses to requests for production of documents (set one), as to defendant Jaguar Land Rover North America, LLC is denied.

Background and Analysis:

This action was commenced on May 4, 2023, by the filing of the complaint by plaintiffs Gerardo Trujillo Morales and Luis Gerardo Morales (collectively “plaintiffs”) against defendants Jaguar Land Rover North America, LLC and British Motorcars Ventura, Inc. dba Jaguar Land Rover Ventura (collectively “defendants”). The complaint alleges causes of action as follows: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Beverly Act Section 1793.2; and (4) Negligent Repair.

As alleged in the complaint:

On April 16, 2018, plaintiffs leased a 2018 Land Rover Range Rover and Jaguar Land Rover North America, LLC issued a written warranty. (Complaint, ¶ 9.) The warranty was not issued by the selling dealership. (Ibid.) “Jaguar Land Rover North America, LLC warranted the Subject Vehicle and agreed to preserve or maintain the utility or performance of Plaintiffs’ vehicle or to provide compensation if there was a failure in such utility or performance. In connection with the lease, Plaintiffs received various warranties, inter alia, a 4-year/50,000 mile express bumper to bumper warranty, a 4-year/50,000 mile powertrain warranty which, inter alia, covers the engine and the transmission, as well as various emissions warranties that exceed the time and mileage limitations of the bumper to bumper and powertrain warranties.” (Id. at ¶ 10.)

“The Subject Vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, structural, electrical, emission, engine, suspension, and steering system defects.” (Id. at ¶ 11.) “The foregoing defects and nonconformities to warranty manifested themselves in the Subject Vehicle within the applicable express warranty period. The nonconformities substantially impair the use, value, and/or safety of the vehicle.” (Id. at ¶ 23.)

“Plaintiffs delivered the vehicle to an authorized Jaguar Land Rover North America, LLC repair facility for repair of the nonconformities.” (Id. at ¶ 24.) “Defendant was unable to conform Plaintiffs’ vehicle to the applicable express warranty after a reasonable number of repair attempts.” (Id. at ¶ 25.) “Notwithstanding Plaintiffs’ entitlement, Defendant Jaguar Land Rover North America, LLC has failed to either promptly replace the new motor vehicle or to promptly make restitution in accordance with the Song-Beverly Act.” (Id. at ¶ 26.)

Defendants answered the complaint on August 28, 2023, with a general denial and 29 affirmative defenses.

On June 22, 2023, plaintiffs propounded discovery, including requests for production of documents (“RFPs”). (Kohanoff Dec., ¶ 18 & Exh. 4.)

On July 25, 2023, defendants served responses to the RFPs, and served verifications on July 27, 2023. (Kohanoff Dec., ¶¶ 20, 21 & Exhs. 5, 6.)

On July 28, 2023, plaintiffs’ counsel sent a meet and confer letter to defense counsel regarding claimed deficiencies to the RFP responses. (Kohanoff Dec., ¶ 25 & Exh. 7.) On August 4, 2023, defendants responded to plaintiffs’ meet and confer letter. (Kohanoff Dec., ¶ 27 & Exh. 8.)

Plaintiffs filed a motion to compel further responses to the RFPs on September 11, 2023. Plaintiffs sought an order that defendants provide further responses to RFP Nos. 1 through 37. Defendants opposed the motion. No sanctions were requested by any party.

At the October 30, 2023 hearing on the motion to compel, the court found that plaintiffs had failed to comply with their statutory duty to meet and confer in good faith and ruled:

“1. Plaintiffs’ motion to compel further responses to requests for production of documents (set one), as to defendant Jaguar Land Rover North America, LLC, is continued to January 8, 2024.

2. Counsel shall meet and confer, in good faith, either in-person, virtually, or telephonically no later than November 10, 2023, to resolve, or narrow, their discovery dispute.

            a. Counsels’ meet and confer shall specifically include what documents are discoverable in this matter, which objections are appropriately brought as to each request, and the appropriateness of a stipulated protective order.

3. If the parties fully resolve the discovery dispute, counsel for plaintiffs is to notify the court no later than November 24, 2023.

4. If the parties are unable to completely resolve the dispute, plaintiffs shall file and electronically serve supplemental points and authorities, addressing any unresolved issues, along with an updated meet and confer declaration of counsel, no later than November 24, 2023. Defendants shall file and electronically serve any supplemental opposition no later than December 15, 2023. Plaintiffs shall file and electronically serve any supplemental reply no later than December 22, 2023. The supplemental documents should specifically address each disputed request rather than repeat the same legal authority and arguments regarding the scope of discovery and objections in general terms.”

The court has been provided no information regarding further meet and confer attempts, plaintiffs’ counsel has not notified the court that the dispute is resolved, and plaintiffs have not filed and served supplemental points and authorities with an updated meet and  confer declaration of counsel as ordered. Plaintiffs have failed to meet their burden and the motion will be denied.