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Equable Ascent Financial Llc Vs Douglas Janette E

Case Last Refreshed: 2 years ago

Equable Ascent Financial Llc, filed a(n) Breach of Contract - Commercial case represented by Thomas Russell S, against Douglas Janette E, in the jurisdiction of Camden County, GA, . Camden County, GA Superior Courts with CONT/GARN presiding.

Case Details for Equable Ascent Financial Llc v. Douglas Janette E

Judge

CONT/GARN

Filing Date

March 10, 2011

Category

Contract/Account

Last Refreshed

March 20, 2022

Practice Area

Commercial

Filing Location

Camden County, GA

Matter Type

Breach of Contract

Parties for Equable Ascent Financial Llc v. Douglas Janette E

Plaintiffs

Equable Ascent Financial Llc

Attorneys for Plaintiffs

Thomas Russell S

Defendants

Douglas Janette E

Case Events for Equable Ascent Financial Llc v. Douglas Janette E

Type Description
Docket Event PROCEEDING
NOTICE OF SUBSTITUTION OF COUNSEL
PRO
Docket Event FIFA PRINTED
FIF
Docket Event DISPOSITION
DEFAULT JUDGMENT
DSP
Docket Event AFFIDAVIT
AFFID
Docket Event SERVICE
PERSONAL SERVICE
SVC
Docket Event COMPLAINT ON CONTRACT
COMP
Docket Event SUMMONS
SUM
See all events

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Analysis: Where responses to document requests have been timely served but are deemed deficient by the requesting party (e.g., the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a motion compelling further responses. (CCP § 2031.310.) The motion must be served within 45 days after service of a verified response (CCP § 1010.6(a)(4)) and must be accompanied by a declaration showing “a reasonable and good faith attempt” to resolve the issues informally outside of court. (CCP § 2016.040, 2031.310(b)(2).) The motion to compel further responses “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) To establish “good cause,” the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery. (Glenfed Develop. Corp. v. Sup. Ct. (National Union Fire Ins. Co. of Pittsburgh, Penn.) (1997) 53 Cal.App.4th 1113, 1117.) Once good cause is established, the responding party has the burden to justify any objections made to document disclosure. (Kirkland, supra, 95 Cal.App.4th at 98.) Here, Plaintiff failed to adequately meet and confer prior to filing the motion. Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clement v. Alegra (2009) 177 Cal.App.4th 1277, 1294.) Although some effort is required in all instances, the level of effort that is reasonable is different in different circumstances, and may vary with the prospects for success. (Id.) In this case, Plaintiff sent a meet and confer letter on January 8, 2024 simultaneously with the document requests, before Defendant even had a chance to review much less respond to the requests. (Declaration of Nino Sanaia, Exs. 8, 10.) Defendant responded by letter on January 16, 2024, rightfully stating the meet and confer letter was premature but agreeing to have discussions regarding ESI discovery after responses have been provided. (Id., Ex. 11.) Defendant provided responses on February 6, 2024 with verifications on March 5, 2024. (Id., Ex. 9.) In response, on March 20, 2024, Plaintiff sent a boilerplate 29-page meet and confer form letter - not tailored to Defendant’s actual responses - explaining the relevance of all 131 document requests, demanding Defendant withdraw all of its objections and supplement its previous production. (Id., Ex. 12.) There is some evidence that the letter is merely a cut-and-paste job. Specifically, Plaintiff’s extensive discussion on the relevance of the documents to her fraud claim appears misplaced as, Plaintiff did not allege fraud in this case. (Id., at pp. 15-17.) Moreover, Plaintiff does not dispute that Defendant supplemented its document production on April 16, 2024. (Declaration of Ryan Kay, ¶ 6.) Plaintiff did not attempt to further meet and confer after this production. The 2- sentence email sent by Plaintiff on April 23, 2024, simultaneously with the filing of this motion, does not address Defendant’s supplemental production and does not support a finding of a good faith effort to meet and confer. Primarily at issue is whether Plaintiff is entitled to documents and information evidencing i) Defendant’s internal knowledge and investigation regarding “Engine Defects” and “MyLink Defects” in GMC Acadia vehicles; ii) policies and procedures for handling customer complaints and repurchase requests under the Song Beverly Consumer Warranty Act (“SBA”); and iii) documents concerning communications with governmental agencies (e.g., the NHTSA and EPA) and suppliers regarding the “Engine Defects” and “MyLink Defects” in GMC Acadia vehicles. These are similar to the discovery issues at issue in most lemon law cases. Plaintiff also complains that responses related to Plaintiff’s vehicle are not code-compliant. The matter is continued, the parties are ordered to meet and confer. Additionally, the court offers these further suggestion as to the meet and confer process: To help the parties in their meet and confer efforts, the Court notes that the following documents are generally discoverable by an SBA plaintiff: • Defendant’s communications with dealer, factory representative and/or call center concerning the subject vehicle. • Warranty policies and claim-handling procedures published by Defendant and provided to its authorized repair facilities, within the State of California, for the period of the date of purchase to the date the lawsuit was filed. • Defendant’s internal analysis or investigation regarding defects alleged in plaintiff’s complaint in vehicles for the same year, make and model of the subject vehicle, including recall notices and technical service bulletins. The Court preliminarily notes that Plaintiff’s definition of “Engine Defects” and “MyLink Defects” in the RFPs do not appear to match the defects allegedly experienced by Plaintiff in the subject vehicle (Sanaia Dec., ¶¶ 6-12), and the requests are not limited to vehicles of the same year as Plaintiff’s vehicle. • Documents evidencing policies and procedures used to evaluate customer requests for repurchase pursuant to the SBA for the period of the date of purchase to the date the lawsuit was filed. Furthermore, considering the nature of this dispute, the Court is inclined to limit ESI discovery by balancing Plaintiff’s showing of good cause and Defendant’s showing of undue burden. (See CCP § 2031.310(g)(4); Calcor Space Facility, Inc. v. Sup. Ct. (Thiem Indus., Inc.)(1997) 53 Cal.App.4th 216, 223.) The parties shall meet and confer regarding appropriate search terms. The parties are to meet and confer meaningfully in person, by telephone or by videoconference within 10 days of this order. At least 7 days prior to the next hearing date, the moving party is to file a declaration describing the meet and confer process and identifying any remaining issues. The motion to compel is rescheduled to September 16, 2024 in D5 at 8:30 AM. Plaintiff is ordered to give notice.

Ruling

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Jul 29, 2024 | S-CV-0051850
S-CV-0051850 Georgiou, Christos vs. FCA US LLC ** NOTE: telephonic appearances are strongly encouraged NOTE: No party has paid advance jury fees pursuant to CCP § 631. Trial Date & Length: 12/29/25 5 day Jury Trial (Please contact Master Calendar (916) 408-6061 on the business day prior to the scheduled trial date to find courtroom availability.) Civil Trial Conference: 12/12/25 (heard at 8:30 am in Dept. 3) Mandatory Settlement Conference: 12/05/25 (heard at 8:30am; report to Jury Services) NO APPEARANCE REQUIRED UNLESS REQUESTED BY PARTY BY 3PM ON THE THURSDAY PRIOR TO HEARING DATE. REQUESTS FOR APPEARANCE MUST BE FAXED TO THE CIVIL DEPARTMENT, ATTN: CMC CLERK AT (916) 408-6275, AND TO ALL OPPOSING ATTORNEYS AND PARTIES WITHOUT ATTORNEYS BY 3:00 PM THE THURSDAY PRIOR TO THE CASE MANAGEMENT DATE. SEE LOCAL RULE 20.1.7.

Ruling

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