Case Number: 18STCV01472 Hearing Date: November 18, 2019 Dept: 61

Plaintiffs Norma Cruz and Arturo Gomez’s Motion to Compel Further Responses to Requests for Production of Documents, Set One, from Defendant FCA US, LLC is GRANTED. Sanctions are awarded against FCA and its counsel in the amount of $1,460.

MOTION TO COMPEL FURTHER PRODUCTION OF DOCUMENTS

“A party may demand that any other party produce . . . a document that is in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand,” and “[t]he motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2031.310(b).)

Plaintiffs move to compel further responses to Requests for Production No. 30–33, which ask for documents identifying FCA’s repurchase of similar vehicles, similar complaints from the owners of the same vehicles, and surveys of similar information. (Motion at p. 3.)

The court finds that good cause supports these requests, as they relate to the experience of other customers with regard to the same vehicle and the same alleged problems at issue in this case, and thus to FCA’s knowledge of the same. The court also finds that this motion was adequately preceded by meet-and-confer efforts, which involved repeated exchange of letters between the parties about the discovery at issue. (Morse Decl. ¶¶ 6–10.) FCA has filed no opposition defending its objections.

Plaintiffs’ Motion to Compel Further is therefore GRANTED.

SANCTIONS

Statute provides that the court shall impose sanctions upon a party who unsuccessfully makes or opposes a motion to compel further response to interrogatories or requests for production of documents, absent substantial justification otherwise. (Code Civ. Proc. §§ 2030.300, subd. (d); 2031.310, subd. (h).)

Plaintiffs ask for $2,935.00 in sanctions, representing five hours of attorney work at $225 per hour and another five at $350 per hour, plus a $60 filing fee. (Morse Decl. ¶ 12.) The court notes that two hours and $700 were to be incurred responding to an opposition that was never filed. The court awards four hours at $350 an hour and the $60 filing fee for a total sanctions award of $1,460.

Defendant to provide notice.