Dawn Louise Vereuck v. FCA US, LLC

Case Number

25CV00314

Case Type

Hearing Date / Time

Wed, 01/14/2026 - 10:00

Nature of Proceedings

Plaintiff’s Motion to Compel Further Disclosures

Tentative Ruling

For Plaintiff Dawn Louise Vereuck: Guy Mizrahi, Priscilla Le, JSGM Law LLP

                                   

For Defendant FCA US, LLC: Brian Yasuzawa, Michael J. Gregg, RoseWaldorf LLP

RULING

For all reasons discussed herein, Plaintiff Dawn Louise Vereuck’s motion to compel further disclosures is granted. On or before January 29, 2026, Defendant FCA US, LLC shall serve full, compliant disclosures required by Code of Civil Procedure section 871, subdivisions (h)(4), (5), (11), (12), (13), (14), (15), and (16).

The CMC set for 1/21/26 is consolidated with this Law and Motion matter.

The trial date of 5/20/26 and the MSC date of 4/24/26 are confirmed. Do not stipulate to continue them. The CMC set for 1/21/26 is vacated.

Background

On January 15, 2025, Plaintiff Dawn Louise Vereuck (Vereuck) initiated this action by filing a complaint against Defendant FCA US, LLC (FCA), alleging three causes of action for (1) Song-Beverly Consumer Warranty Act – breach of express warranty, (2) Song-Beverly Consumer Warranty Act – breach of implied warranty, and (3) Song-Beverly Consumer Warranty Act – Civil Code section 1793.2, subdivision (b).

As alleged in the complaint:

Vereuck acquired a 2023 Jeep Wrangler (Vehicle) on March 2, 2023, and received multiple express warranties from FCA. (Compl., ¶ 7.)

The Vehicle was delivered to Vereuck with defects and nonconformities to the warranties including the battery and electrical system, a faulty power inverter module, the vehicle’s inability to go into electric mode and regenerate, a faulty battery control module, and an inoperative horn. (Compl., ¶¶ 8 & 13.)

Vereuck delivered the vehicle to the authorized repair facility, but FCA denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the warranties. (Compl., ¶¶ 14-16.)

Vereuck seeks to recover damages, recission, restitution, penalties, and other relief. (Compl., p. 7, ll. 9-19.)

On February 26, 2025, FCA filed an answer to the complaint generally denying the allegations therein and asserting twenty-four affirmative defenses.

On October 30, 2025, Vereuck filed this motion for an order compelling FCA to provide full and complete disclosures required by Code of Civil Procedure section 871, subdivisions (h)(4) though (h)(5) and (h)(11) through (h)(16). FCA did not file an opposition or response to this motion.

Analysis

As an initial matter, the parties previously litigated a motion wherein the parties either contended that Code of Civil Procedure section 871.26 applies in this action or did not object to its application. (See Minute Order, Oct. 8, 2025; see also Code Civ. Proc., § 871.20, subd. (a) [“[T]his chapter applies to an action, brought against a manufacturer who has elected under Section 871.29 to proceed under this chapter ….”].) The Court previously applied section 871.26 in this action and no party has filed an objection to the application of section 871.26 during this action. Therefore, the Court will apply section 871.26 to this motion.

“Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h).” (Code Civ. Proc., § 871.26, subd. (b).)

“The Defendant or manufacturer shall provide the following documents to all other parties pursuant to the timelines prescribed in subdivision (b): [¶] … [¶] (4) The motor vehicle’s original invoice, if any, to the selling dealer. [¶] (5) Sales or lease agreement, if the manufacturer is in possession. [¶] … [¶] (11) Records relating to communications between the manufacturer or dealership and the owner or lessee of the motor vehicle, including those related to repair orders or claims involving the motor vehicle. [¶] (12) Warranty policies and procedure manuals. [¶] (13) Service manuals reasonably related to the nonconformities pertaining to the motor vehicle. [¶] (14) If a pre-suit restitution or replacement request is made, all call recordings of pre-suit communications with the consumer available at the time of service of the complaint. [¶] (15) If a pre-suit restitution or replacement request is made, the manufacturer's written statement of policies and procedures used to evaluate customer requests for restitution or replacement pursuant to ‘Lemon Law’ claims. [¶] (16) If a pre-suit restitution or replacement request is made, any nonprivileged, prelitigation evaluation….” (Code Civ. Proc., § 871.26, subds. (h)(4)-(5) & (11)-(16).)

Vereuck established that FCA has not fully complied with its obligations to produce these documents as part of FCA’s initial disclosures. (Declaration of Priscilla Le ISO Motion, ¶¶ 13-14, Ex. H; see Code Civ. Proc., § 871.26, subds. (b) & (h).) Having shown good cause, the Court will grant Vereuck’s motion. (See Code Civ. Proc., § 2031.310, subd. (b)(1).)