Preview
1 Robert B. Mobasseri (SBN 193193)
David Alan Cooper (SBN 190203)
2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
3 15760 Ventura Boulevard, Suite 850
Encino, CA 91436
4 Tel: (213) 282-2000 | Fax: (213) 282-3000
E-Service: EService@MobasseriLaw.com
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6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF MONTEREY
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11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
FLETES BERNAL,
12 Complaint Filed: February 17, 2023
13 Plaintiffs,
NOTICE OF MOTION AND MOTION
14 vs. TO COMPEL RESPONSES BY
GENERAL MOTORS, LLC TO
15 GOLD START MOTORS, INC.; GENERAL PLAINTIFFS’ REQUEST FOR
16 MOTORS, LLC.; COASTHILLS CREDIT PRODUCTION OF DOCUMENTS,
UNION; DOES 1 through 100, Inclusive, SET TWO; DECLARATON OF DAVID
17 A. COOPER
Defendants.
18 Date: January 5, 2024
19 Time: 8:30 AM
Dept: 15
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Trial: February 24, 2025
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22 TO THE HONORABLE COURT, PARTIES AND THEIR COUNSEL OF RECORD:
23 PLEASE TAKE NOTICE that on January 5, 2024, at 8:30 AM, or as soon thereafter as
24 counsel may be heard, in Department 15 of the Monterey County Superior Court, located at
25 1200 Aguajito Road, Monterey, California 93940, Plaintiff will move this Court for an Order
26 compelling defendant General Motors, LLC (“GM”) to serve verified responses to Plaintiff’s
27 Request for Production of Documents, Set Two. This motion is made pursuant to California
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
1 Code of Civil Procedure §2031.260(a) (responses) and §2031.280(b) (documents) on the
2 grounds that GM has failed to respond to the Request for Production of Documents, Set Two.
3 This Motion is based on this Notice, the accompanying Memorandum of Points and
4 Authorities, the supporting Declaration of David Alan Cooper, Esq., the pleadings, records and
5 files herein, and such further oral or documentary evidence as may be presented at the time of the
6 hearing on this Motion.
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9 Dated: September 27, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
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By: __________________________________________
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Robert B. Mobasseri
12 David Alan Cooper
Attorneys for Plaintiffs, CRISTOBAL FLETES
13 AND OSCAR ISIDRO FLETES BERNAL
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
1 MEMORANDUM OF POINTS AND AUTHORITIEIS
2 I. BACKGROUND
3 This is a consumer-protection action stemming from the sale of a defective new vehicle.
4 On May 2, 2022, Plaintiff purchased a new 2022 GMC Sierra truck for $93,197. The Vehicle was
5 sold with General Motors’ express warranty covering all systems for the earlier of 3-years or
6 36,000 miles and certain “powertrain” components for the earlier of 5-years or 60,000 miles.
7 The Vehicle has a manufacturing defect that causes the control screen features to
8 malfunction. Plaintiff presented the Vehicle with those symptoms on August 18, 2022, with 5,784
9 miles on the odometer. The dealership technicians performed an update on the Vehicle’s software.
10 However, the malfunctions continued. On December 5, 2022, with 12,567 miles on the odometer,
11 Plaintiff presented the Vehicle to a different GM dealership, again presenting the control-screen
12 symptoms. Dealership again performed a software update. Yet, the malfunctions continued in the
13 same manner.
14 Plaintiff later discovered through counsel that this malfunction is known to GM, as
15 admitted in a “Technical Service Bulletin,” discussed below.
16 II. DISCOVERY AT ISSUE
17 Plaintiff propounded Request for Production of Documents, Set Two, to GM on August
18 14, 2023. (See Exhibit A to the Declaration of David Alan Cooer (“Cooper Decl.”). The statutory
19 time for GM to respond was September 15, 2023, but Plaintiff received no responses (Cooper Decl.
20 ¶ 3). Plaintiff’s counsel, as a professional courtesy, sent a meet and confer letter on September 19,
21 2023, asking GM to provide verified responses by September 25, 2023 (Cooper Decl. Exhibit B).
22 Plaintiff received no response (Cooper Decl. ¶ 6)
23 III. ARGUMENT
24 Plaintiff’s Request For Production of Documents, Set Two, are narrowly-tailored,
25 explicitly exclude expert or attorney-client information, and make specific reference to GM’s own
26 Technical Service Bulletin concerning the Vehicle’s defective control screen (Cooper Decl.
27 Exhibit C):
28 //
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18
2 All DOCUMENTS that YOU IDENTIFIED in YOUR response to Special
3 Interrogatories, Set Two, served concurrently.
4 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19
5 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding
6 counsel, have investigated the allegations raised by PLAINTIFF concerning defects in the audio
7 control screen of the VEHICLE.
8 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20
9 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding
10 counsel, have investigated the allegations raised by PLAINTIFF concerning malfunctions in the
11 VEHICLE’s audio control screen.
12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21
13 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or
14 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or
15 retained expert witnesses, concerning the allegations raised by PLAINTIFF of defects in the
16 VEHICLE’s audio control screen.
17 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22
18 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or
19 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or
20 retained expert witnesses, concerning the allegations raised by PLAINTIFF of malfunctions in
21 the VEHICLE’s audio control screen.
22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23
23 With regard to Technical Service Bulletin 22-NA-123, if YOU have received reports of
24 customers besides PLAINTIFF experiencing symptoms in the past five years consistent with
25 those described in the Technical Service Bulletin, please produce all DOCUMENTS indicting
26 identifying information for such customers, including but not limited to name, addresses, phone
27 numbers and emails.
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
1 GM’s TSB entitled “22-NA-123: Black Radio Display Screen and No Communication
2 with the Video Processing Module (VPM),” states, “Some customers may comment on condition
3 present on the radio display where a black screen with a triangle and a camera with a slash through
4 it is displayed.” (see highlighted portion of Ex. C)
5 Plaintiff’s complaint is based on the audio screen turning black while the Vehicle is in
6 operation. Here, the TSB involves the very same symptoms. The TSB goes on to state, “The cause
7 of the condition may be software anomalies in the VPM.” (see highlighted portion of Ex. C)
8 Plaintiff seeks to obtain the data GM relied upon to determine the problem was an anomaly
9 in the VPM’s software. Such data will help Plaintiff prove at trial what GM knew about the
10 anomaly and when they knew it, and it will determine the breadth of consumers affected by the
11 defect and will contribute to Plaintiff being awarded civil penalties at trial. The details of the
12 investigation will provide the facts necessary for Plaintiff to prove at trial the extent to which GM
13 was aware of the defect prior to Plaintiff’s purchase and during Plaintiff’s repair attempts. GM’s
14 knowledge would be highly probative of GM’s “unreasonableness” in not immediately offering a
15 rescission of the purchase. Moreover, if the problem is truly unrepairable, that would lend even more
16 strength to a request for civil penalties, as GM should have immediately offered a repurchase once
17 Plaintiff’s Vehicle started exhibiting the same, unrepairable problem. Therefore, what remedies
18 GM attempt ed and why they failed are both valid inquiries related to the assessment of civil
19 penalties. See Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 135-
20 137: “BMW issued a technical bulletin in October 1990 which alerted dealerships about a brake
21 shimmy in the 528e model. … [T]he jury could reasonably infer Roseville BMW's replacement of
22 the rotors, pads, and other brake parts provided temporary relief from the shimmy but never
23 resolved a fundamental defect in the braking system. … We conclude there is sufficient evidence
24 to support the jury's express finding BMW willfully violated the Act.”
25 The Legislative purpose of civil penalties under Civil Code Section 1794(c) is to deter foot-
26 dragging by manufacturers who, despite valid repurchase demands and the knowledge that their
27 vehicles are defective as outlined in customer complaints, engage in years of drawn-out
28 litigation. A jury is empowered to penalize manufacturers if that dilatory conduct is deemed
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
1 “unreasonable.” See Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 135-137;
2 Kwan v. Mercedes-Benz of N. America, Inc., (1994) 23 Cal.App.4th 174, 185-186. Axiomatically,
3 Plaintiff is entitled to utilize discovery to attempt to prove what he has pleaded. Garamendi v.
4 Golden Eagle Ins. Co. (2004) 116 Cal.App.4th 694, 712, fn. 8; Gonzalez v. Superior Court (1995)
5 33 Cal. App. 4th 1539, 1546.
6 The discovery propounded is narrowly-tailored, written in clear and plain language, and
7 facially-relevant to the allegations in the pleadings, particularly regarding potential civil
8 penalties. If the materials requested show that GM knew, either prior to Plaintiff’s purchase or
9 during his repair presentations, that the Vehicle’s control screen was defective due to a
10 manufacturing problem, that will support Plaintiff’s pleading and proof at trial that civil penalties
11 are appropriate. Plaintiff is entitled to utilize discovery to attempt to prove what he has
12 pleaded. Garamendi v. Golden Eagle Ins. Co. (2004) 116 Cal.App.4th 694, 712, fn. 8; Gonzalez
13 v. Superior Court (1995) 33 Cal. App. 4th 1539, 1546.
14 IV GM SHOULD BE ORDERED TO ANSWER WITHOUT OBJECTION
15 When a party has completely failed to respond to discovery, there is no statutory meet and
16 confer requirement or separate statement requirement. The party failing to respond is simply
17 delinquent and subject to an order compelling responses; Leach v. Sup.Ct. (1980) 111 Cal. App.
18 3d 902, 905-906. Notwithstanding, Plaintiff did attempt to meet-and-confer, but to no effect.
19 WHEREFORE, Plaintiff seeks an Order compelling GM to serve verified discovery
20 responses and responsive documents concerning Plaintiff’s Request for Production of Documents,
21 Set Two, without objection, within 10 day of the Court’ Order.
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23 Dated: September 27, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
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By: __________________________________________
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Robert B. Mobasseri
26 David Alan Cooper
Attorneys for Plaintiffs, CRISTOBAL FLETES
27 AND OSCAR ISIDRO FLETES BERNAL
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
1 DECLARATION OF DAVID ALAN COOPER
2 I, David Alan Cooper, declare as follows:
3 1. I am an attorney at law duly licensed to practice in all the courts in the State of California.
4 I am a Senior Associate in the Law Offices of Robert B. Mobasseri, PC, attorneys of record for
5 Plaintiffs Cristobal Fletes and Oscar Isidro Flete Bernal. I am familiar with the documents, papers,
6 files and records related to this mater, which are maintained by my office in the regular course of
7 business. I have personal knowledge of the facts stated herein and if called upon to testify thereto,
8 I could and would do so competently. I make this declaration in support of Plaintiff’s Motion to
9 Compel Responses by GM to Plaintiff’s Request for Production of Documents, Set Two.
10 2. On August 14, 2023, at my express instructions, James D. Stone, a paralegal employee of
11 the Law Offices of Robert B. Mobasseri, PC, served Request for Production of Documents, Set
12 Two, to GM’s attorney of record. A true and correct copy of the Special Interrogatories are
13 attached as Exhibit A.
14 3. Responses were due by September 15, 2023, but I received no response from GM.
15 4. As a courtesy to GM, I sent a meet and confer letter on September 19, 2023, inquiring
16 about the missing discovery responses. A true and correct copy is attached as Exhibit B.
17 5. The Request for Production of Documents, Set Two, specifically reference GM’s own
18 internal TSB. A true and correct copy of the TSB is attached as Exhibit C.
19 6. To date I have not received any responses from GM.
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21 I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct. Executed this 27th day of September, 2023
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25 ____________________________________
26 David Alan Cooper
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY
GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO
EXHIBIT A
1 Robert B. Mobasseri (SBN 193193)
David Alan Cooper (SBN 190203)
2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
3 15760 Ventura Boulevard, Suite 850
Encino, CA 91436
4 Tel: (213) 282-2000 | Fax: (213) 282-3000
E-Service: EService@MobasseriLaw.com
5
6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF MONTEREY
10
11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
FLETES BERNAL,
12 Complaint Filed: February 17, 2023
13 Plaintiffs,
PLAINTIFF’S REQUEST FOR
14 vs. PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC,
15 GOLD START MOTORS, INC.; GENERAL SET TWO
16 MOTORS, LLC.; COASTHILLS CREDIT
UNION; DOES 1 through 100, Inclusive, Production:
17 Date: September 15, 2023
Defendants. Time: 10:00 AM
18 Location: 15760 Ventura Blvd., Suite 850
19 Encino, CA 91436
EService@MobasseriLaw.com
20
Trial: None
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22 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES and OSCAR ISIDRO FLETES
23 BERNAL
24 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC
25 SET NUMBER: Two
26 Propounding Party requests responses per Code of Civil Procedure section 2031.260, et
27 seq. to the following. Copies of the requested documents should be produced at the Law Offices
28 of Robert B. Mobasseri, PC, at 15760 Ventura Boulevard, Suite 850, Encino, California 91436, or
1
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
1 electronically to EService@MobasseriLaw.com If any of the materials requested are claimed to
2 be privileged, please list the following information for each item claimed to be privileged:
3 (a) A brief description of the nature and contents of the matter claimed to be privileged;
4 (b) The name, occupation and capacity of the individual from whom the privileged
5 matter emanated;
6 (c) The name, occupation and capacity of the individual to whom the privileged matter
7 was directed;
8 (d) The date the item bears; and
9 (e) The privilege claimed.
10 REQUESTS FOR PRODUCTION OF DOCUMENTS
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18
12 All DOCUMENTS that YOU IDENTIFIED in YOUR response to Special
13 Interrogatories, Set Two, served concurrently.
14 (As used herein, the term “DOCUMENTS” shall mean and refer to a writing, as defined
15 in Evidence Code §250, and includes the original or a copy of a handwritten, typewritten,
16 printed, photostat, photograph and every other means of recording upon any tangible thing and
17 form of communicating or representation, including letters, memos, words, pictures, sound
18 symbols, or combinations of them.)
19 (As used herein, the term “YOU” or “YOUR” shall mean and refer to the Responding
20 Party as identified above.)
21 (As used herein, the term “IDENTIFY” or “IDENTIFIED” with respect to documents,
22 shall mean and refer to information sufficient to enable plaintiff to obtain the document with a
23 subpoena, including but not limited to the date of the document, a physical description of the
24 document, a brief description of the content of the document, the name of the person who created
25 the document, the name of the person to whom the writing was directed, if any, the identity of
26 the custodian of the document, the location of the document, and any title given to the
27 document.)
28 //
2
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19
2 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding
3 counsel, have investigated the allegations raised by PLAINTIFF concerning defects in the audio
4 control screen of the VEHICLE.
5 (As used herein, the term “IDENTIFY,” with respect to a PERSON, shall mean and refer
6 to their name, occupation, address, or last known address, and telephone number of the person.)
7 (As used herein, the term “PERSON” or “PERSONS” shall mean and refer to natural
8 persons, firms, associations, organizations, partnerships, businesses, trusts, corporations, or
9 public entities.)
10 (As used herein, the term “PLAINTIFF” shall mean and refer to the Requesting Party as
11 identified above.)
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13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20
14 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding
15 counsel, have investigated the allegations raised by PLAINTIFF concerning malfunctions in the
16 VEHICLE’s audio control screen.
17
18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21
19 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or
20 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or
21 retained expert witnesses, concerning the allegations raised by PLAINTIFF of defects in the
22 VEHICLE’s audio control screen.
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24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22
25 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or
26 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or
27 retained expert witnesses, concerning the allegations raised by PLAINTIFF of malfunctions in
28 the VEHICLE’s audio control screen.
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PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23
2 With regard to Technical Service Bulletin 22-NA-123, if YOU have received reports of
3 customers besides PLAINTIFF experiencing symptoms in the past five years consistent with
4 those described in the Technical Service Bulletin, please produce all DOCUMENTS indicting
5 identifying information for such customers, including but not limited to name, addresses, phone
6 numbers and emails.
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9 Dated: August 14, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
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By: __________________________________________
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David Alan Cooper
12 Attorneys for Plaintiffs
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PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
PROOF OF SERVICE
1
2 I, James D. Stone, declare as follows: I am employed in the County of Los Angeles. I am
over the age of eighteen years and not a party to the within above-entitled action. My business
3 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436.
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On August 14, 2023, I served the PLAINTIFF’S REQUEST FOR PRODUCTION
5 OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO on the
interested parties in the within action, as follows:
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7 Mary Lynn Arens, Esq. Attorneys for Defendant,
THE ERSKINE LAW GROUP, PC General Motors LLC
8 1576 Batavia St., Suite A
Orange, CA 92867
9 Tel: (949) 777-6032/Fax: (714) 844-9035
10 Email: eservice-ca@erskinelaw.com
11 __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent
12 from the email address jim@mobasserilaw.com to the persons listed above at their respective email
addresses. The document(s) were served electronically and their transmission was reported as
13 complete and without error. Service was completed before the close of business on the below date.
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__X__ STATE: I declare under penalty of perjury under the laws of the State of California that
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the foregoing it true and correct.
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Executed on August 14, 2023, at Los Angeles, California.
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18 _____________________________________
19 James D. Stone
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PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
EXHIBIT B
ROBERT B. MOBASSERI
Attorney at Law
A PROFESSIONAL CORPORATION
David A. Cooper
Email: DCooper@MobasseriLaw.com
September 19, 2023
Mary Arens McBride, Esq.
ERSKINE LAW GROUP, PC
1592 North Batavia Street
Suite 1A
Orange, California 92867
Via Electronic Mail:
marensmcbride@erskinelaw.com
eservice-ca@erskinelaw.com
Re: Fletes, et al v. Gold Start Motors, Inc, et al
Monterey County Superior Court Case No. 23CV000513
Our File No. 3379
Dear Counsel,
Attached please find courtesy copies of Plaintiff’s written discovery, Set Two, served to
your e-service address on August 14, 2023. Responses were due after 30 day, plus two court days,
which fell on September 15, 2023.
I have no record of receiving verified responses. Accordingly, objections are waived.
Please provide verified responses by September 25, 2023.
Thank you for your attention to this matter.
Very Truly Yours,
LAW OFFICES OF ROBERT B. MOBASSERI, PC
By: _____________________________________
David Alan Cooper (SBN 190203)
15760 Ventura Bo ulev ard, Suite 850
Encino, Ca lifornia 91436
Telepho ne (213) 282-2000 Fac sim ile (213) 282-3 00 0
1 Robert B. Mobasseri (SBN 193193)
David Alan Cooper (SBN 190203)
2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
3 15760 Ventura Boulevard, Suite 850
Encino, CA 91436
4 Tel: (213) 282-2000 | Fax: (213) 282-3000
E-Service: EService@MobasseriLaw.com
5
6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF MONTEREY
10
CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
11 FLETES BERNAL,
Complaint Filed: February 17, 2023
12
Plaintiffs,
13 PLAINTIFFS’ SPECIAL
vs. INTERROGATORIES TO DEFENDANT
14 GENERAL MOTORS, LLC, SET TWO
15 GOLD START MOTORS, INC.; GENERAL
MOTORS, LLC.; COASTHILLS CREDIT Trial: None
16 UNION; DOES 1 through 100, Inclusive,
17 Defendants.
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19 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES and OSCAR ISIDRO FLETES
20 BERNAL
21 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC
22 SET NUMBER: Two
23 Propounding Party requests responses per Code of Civil Procedure section 2030.210, et seq. to
24 the following:
25 SPECIAL INTERROGATORY NO. 15
26 IDENTIFY all research YOU, or anyone acting on YOUR behalf, conducted concerning
27 PLAINTFF’s allegations of malfunctions in the VEHICLE’s audio control screen, excluding
28 research by counsel.
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PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT
GENERAL MOTORS, LLC, SET TWO
1 (As used herein, the term “IDENTIFY,” with respect to documents, shall mean and refer to
2 information sufficient to enable plaintiff to obtain the document with a subpoena, including but
3 not limited to the date of the document, a physical description of the document, a brief
4 description of the content of the document, the name of the person who created the document,
5 the name of the person to whom the writing was directed, if any, the identity of the custodian of
6 the document, the location of the document, and any title given to the document.)
7 (As used herein, the term “COMMUNICATIONS” shall mean and refer to the transmittal
8 or receipt in any and every manner, of facts, information, opinion, ideas, inquiries or otherwise
9 orally, by document or copy thereof or otherwise, and by mail, email or text.)
10 (As used herein, the term “YOU” or “YOUR” shall mean and refer to the Responding
11 Party as identified above.)
12 (As used herein, the term “DEALER” shall mean and refer to Defendant MOTOR CITY
13 SALES AND SERVICE.)
14 (As used herein, the term “PLAINTIFF” shall mean and refer to the Requesting Party as
15 identified above.)
16 (As used herein, the term “VEHICLE” shall mean and refer to the VEHICLE that is the
17 subject of this action.)
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20 SPECIAL INTERROGATORY NO. 16
21 IDENTIFY all PERSONS who, acting on YOUR behalf, investigated the allegations
22 raised by PLAINTIFF concerning malfunctions defects in the VEHICLE’s audio control screen,
23 excluding counsel.
24 (As used herein, the term “PERSON” or “PERSONS” shall mean and refer to natural
25 persons, firms, associations, organizations, partnerships, businesses, trusts, corporations, or
26 public entities.)
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PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT
GENERAL MOTORS, LLC, SET TWO
1 SPECIAL INTERROGATORY NO. 17
2 IDENTIFY all DOCUMENTS that contain reports, histories, diagnostics, opinions or
3 conclusions following the investigation by PERSONS on behalf of YOU, concerning the
4 allegations raised by PLAINTIFF of malfunctions in the VEHICLE’s brakes, but excluding those
5 of counsel.
6 (As used herein, the term “DOCUMENTS” shall mean and refer to a writing, as defined
7 in California Evidence Code section 250. The terms “DOCUMENT” and “DOCUMENTS”
8 include, but are not limited to, papers, books, notes, memoranda, correspondence, telegrams,
9 transcripts, e-mails, facsimiles, financial statements, checks, reports, working papers, maps,
10 diagrams, blueprints, drawings, photographs, computer printouts, PowerPoint presentations,
11 webcasts, tape recordings, code books, research papers, minutes of meetings, any form of
12 communication or representation, promotional materials, appointment books, daily calendars,
13 schedules, written summaries of oral communications and draft originals, copies of any other
14 form of reproduction, drawings, graphs, charts, compact discs, computer disks, computer hard
15 drives and other magnetic data storage media, letters, words, or numbers, or their equivalent, set
16 down by handwriting, typewriting, printing, photostating, photographs, video tapes, magnetic
17 impulse, mechanical or electronic recording, or other form of data compilation from which
18 information can be obtained.)
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20 SPECIAL INTERROGATORY NO. 18
21 IDENTIFY all Technical Service Bulletins which apply to the VEHICLE.
22
23 SPECIAL INTERROGATORY NO. 19
24 IDENTIFY all Recalls which apply to the VEHICLE.
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26 SPECIAL INTERROGATORY NO. 20
27 IDENTIFY all Campaigns which apply to the VEHICLE.
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PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT
GENERAL MOTORS, LLC, SET TWO
1 SPECIAL INTERROGATORY NO. 21
2 With regard to Technical Service Bulletin 22-NA-123, issued on June 17, 2022,
3 IDENTIFY by date and title all research, studies and other DOCUMENTS which explain the
4 phrase, “Some customers may comment on condition present on the radio display where a black
5 screen with a triangle and a camera with the slash through it is displayed.”
6
7 SPECIAL INTERROGATORY NO. 22
8 With regard to Technical Service Bulletin 22-NA-123, issued on June 17, 2022,
9 IDENTIFY by date and title all research, studies and other DOCUMENTS which explain the
10 phrase, “The cause of the condition may be software anomalies in the VPM.”
11
12 SPECIAL INTERROGATORY NO. 23
13 With regard to Technical Service Bulletin 22-NA-123, issued on June 17, 2022,
14 IDENTIFY by date and title all research, studies and other DOCUMENTS which explain the
15 phrase, “Technicians are to pull VPM fuse and leave for one minute then reinstall.”
16
17 SPECIAL INTERROGATORY NO. 24
18 IDENTIFY by name and title all PERSONS who authored the studies which lead to
19 Technical Service Bulletin 22-NA-123
20
21 SPECIAL INTERROGATORY NO. 25
22 IDENTIFY by date and title all DOCUMENTS evidencing reports by consumers which
23 led to Technical Service Bulletin 22-NA-123
24
25 Dated: August 14, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
26
By: __________________________________________
27
David Alan Cooper
28 Attorneys for Plaintiffs
4
PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT
GENERAL MOTORS, LLC, SET TWO
1 PROOF OF SERVICE
2
I, James D. Stone, declare as follows: I am employed in the County of Los Angeles. I am
3 over the age of eighteen years and not a party to the within above-entitled action. My business
address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436.
4
On August 14, 2023, I served the PLAINTIFFS’ SPECIAL INTERROGATORIES
5
TO DEFENDANT GENERAL MOTORS, LLC, SET TWO on the interested parties in the
6 within action, as follows:
7 Mary Lynn Arens, Esq. Attorneys for Defendant,
8 THE ERSKINE LAW GROUP, PC General Motors LLC
1576 Batavia St., Suite A
9 Orange, CA 92867
Tel: (949) 777-6032/Fax: (714) 844-9035
10 Email: eservice-ca@erskinelaw.com
11
__X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent
12 from the email address jim@mobasserilaw.com to the persons listed above at their respective email
13 addresses. The document(s) were served electronically and their transmission was reported as
complete and without error. Service was completed before the close of business on the below date.
14
15 __X__ STATE: I declare under penalty of perjury under the laws of the State of California that
the foregoing it true and correct.
16
17 Executed on August 14, 2023, at Los Angeles, California.
18
_____________________________________
19 James D. Stone
20
21
22
23
24
25
26
27
28
5
PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT
GENERAL MOTORS, LLC, SET TWO
1 Robert B. Mobasseri (SBN 193193)
David Alan Cooper (SBN 190203)
2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
3 15760 Ventura Boulevard, Suite 850
Encino, CA 91436
4 Tel: (213) 282-2000 | Fax: (213) 282-3000
E-Service: EService@MobasseriLaw.com
5
6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF MONTEREY
10
11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
FLETES BERNAL,
12 Complaint Filed: February 17, 2023
13 Plaintiffs,
PLAINTIFF’S REQUEST FOR
14 vs. PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC,
15 GOLD START MOTORS, INC.; GENERAL SET TWO
16 MOTORS, LLC.; COASTHILLS CREDIT
UNION; DOES 1 through 100, Inclusive, Production:
17 Date: September 15, 2023
Defendants. Time: 10:00 AM
18 Location: 15760 Ventura Blvd., Suite 850
19 Encino, CA 91436
EService@MobasseriLaw.com
20
Trial: None
21
22 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES and OSCAR ISIDRO FLETES
23 BERNAL
24 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC
25 SET NUMBER: Two
26 Propounding Party requests responses per Code of Civil Procedure section 2031.260, et
27 seq. to the following. Copies of the requested documents should be produced at the Law Offices
28 of Robert B. Mobasseri, PC, at 15760 Ventura Boulevard, Suite 850, Encino, California 91436, or
1
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
1 electronically to EService@MobasseriLaw.com If any of the materials requested are claimed to
2 be privileged, please list the following information for each item claimed to be privileged:
3 (a) A brief description of the nature and contents of the matter claimed to be privileged;
4 (b) The name, occupation and capacity of the individual from whom the privileged
5 matter emanated;
6 (c) The name, occupation and capacity of the individual to whom the privileged matter
7 was directed;
8 (d) The date the item bears; and
9 (e) The privilege claimed.
10 REQUESTS FOR PRODUCTION OF DOCUMENTS
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18
12 All DOCUMENTS that YOU IDENTIFIED in YOUR response to Special
13 Interrogatories, Set Two, served concurrently.
14 (As used herein, the term “DOCUMENTS” shall mean and refer to a writing, as defined
15 in Evidence Code §250, and includes the original or a copy of a handwritten, typewritten,
16 printed, photostat, photograph and every other means of recording upon any tangible thing and
17 form of communicating or representation, including letters, memos, words, pictures, sound
18 symbols, or combinations of them.)
19 (As used herein, the term “YOU” or “YOUR” shall mean and refer to the Responding
20 Party as identified above.)
21 (As used herein, the term “IDENTIFY” or “IDENTIFIED” with respect to documents,
22 shall mean and refer to information sufficient to enable plaintiff to obtain the document with a
23 subpoena, including but not limited to the date of the document, a physical description of the
24 document, a brief description of the content of the document, the name of the person who created
25 the document, the name of the person to whom the writing was directed, if any, the identity of
26 the custodian of the document, the location of the document, and any title given to the
27 document.)
28 //
2
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19
2 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding
3 counsel, have investigated the allegations raised by PLAINTIFF concerning defects in the audio
4 control screen of the VEHICLE.
5 (As used herein, the term “IDENTIFY,” with respect to a PERSON, shall mean and refer
6 to their name, occupation, address, or last known address, and telephone number of the person.)
7 (As used herein, the term “PERSON” or “PERSONS” shall mean and refer to natural
8 persons, firms, associations, organizations, partnerships, businesses, trusts, corporations, or
9 public entities.)
10 (As used herein, the term “PLAINTIFF” shall mean and refer to the Requesting Party as
11 identified above.)
12
13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20
14 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding
15 counsel, have investigated the allegations raised by PLAINTIFF concerning malfunctions in the
16 VEHICLE’s audio control screen.
17
18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21
19 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or
20 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or
21 retained expert witnesses, concerning the allegations raised by PLAINTIFF of defects in the
22 VEHICLE’s audio control screen.
23
24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22
25 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or
26 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or
27 retained expert witnesses, concerning the allegations raised by PLAINTIFF of malfunctions in
28 the VEHICLE’s audio control screen.
3
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23
2 With regard to Technical Service Bulletin 22-NA-123, if YOU have received reports of
3 customers besides PLAINTIFF experiencing symptoms in the past five years consistent with
4 those described in the Technical Service Bulletin, please produce all DOCUMENTS indicting
5 identifying information for such customers, including but not limited to name, addresses, phone
6 numbers and emails.
7
8
9 Dated: August 14, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
10
By: __________________________________________
11
David Alan Cooper
12 Attorneys for Plaintiffs
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
PROOF OF SERVICE
1
2 I, James D. Stone, declare as follows: I am employed in the County of Los Angeles. I am
over the age of eighteen years and not a party to the within above-entitled action. My business
3 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436.
4
On August 14, 2023, I served the PLAINTIFF’S REQUEST FOR PRODUCTION
5 OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO on the
interested parties in the within action, as follows:
6
7 Mary Lynn Arens, Esq. Attorneys for Defendant,
THE ERSKINE LAW GROUP, PC General Motors LLC
8 1576 Batavia St., Suite A
Orange, CA 92867
9 Tel: (949) 777-6032/Fax: (714) 844-9035
10 Email: eservice-ca@erskinelaw.com
11 __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent
12 from the email address jim@mobasserilaw.com to the persons listed above at their respective email
addresses. The document(s) were served electronically and their transmission was reported as
13 complete and without error. Service was completed before the close of business on the below date.
14
__X__ STATE: I declare under penalty of perjury under the laws of the State of California that
15
the foregoing it true and correct.
16
Executed on August 14, 2023, at Los Angeles, California.
17
18 _____________________________________
19 James D. Stone
20
21
22
23
24
25
26
27
28
5
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT GENERAL MOTORS, LLC, SET TWO
EXHIBIT C
8/14/23, 8:55 AM Black Radio Display Screen and No Communication with the Video Processing Module (VPM) - ALLDATA Repair
2022 GMC Truck Sierra 1500 LTD 2WD L6-3.0L DSL Turbo
Vehicle > Technical Service Bulletins
BLACK RADIO DISPLAY SCREEN AND NO COMMUNICATION WITH THE VIDEO
PROCESSING MODULE (VPM)
#22-NA-123: Black Radio Display Screen and No Communication with the
Video Processing Module (VPM) - (Jun 17, 2022)
Subject: Black Radio Display Screen and No Communication with the Video Processing Module (VPM)
Model Year: VIN:
Brand: Model: Engine: Transmission:
from to from to
Silverado 1500 2020 2021
Silverado 1500
LTD (RPO J21,
2022 2022
Chevrolet VIN Digit 5 = W /
Y)
Silverado
2020 2022
2500HD/3500HD
Sierra 1500 2020 2021
Sierra 1500
Limited (RPO
2022 2022
GMC J21, VIN Digit 5
= 8 / 9)
Sierra
2020 2022
2500HD/3500HD
United States, Canada, Mexico, Middle East, Israel, Palestine, Chile
Involved Region or Country (West), Paraguay (West), Uruguay (West), Japan, Thailand (ASEAN),
Australia/New Zealand
https://my.alldata.com/repair/#/repair/vehicle/63455/component/1/itype/100/tsbs/20220620165624464/selfRefLink/ 1/6
8/14/23, 8:55 AM Black Radio Display Screen and No Communication with the Video Processing Module (VPM) - ALLDATA Repair
Additional Options (RPOs) Equipped with RPO UVS
Some customers may comment on condition present on the radio
display where a black screen with a triangle and a camera with the slash
Condition through it is displayed.
No DTCs will be present because there will be no communication in the
VPM.
Cause The cause of the condition may be software anomalies in the VPM.
Technicians are to pull VPM fuse and leave for one minute then reinstall.
Correction After completing the fuse pull then reprogram the VPM with the latest
software released.
Service Procedure
Important: Service agents must comply with all International, Federal, State, Provincial, and/or Local laws
applicable to the activities it performs under this bulletin, including but not limited to handling, deploying,
preparing, classifying, packaging, marking, labeling, and shipping dangerous goods. In the event of a conflict
between the procedures set forth in this bulletin and the laws that apply to your dealership, you must follow those
applicable laws.
Caution: Before downloading the update files, be sure the computer is connected to the internet through a
network ca
Preview
1 Robert B. Mobasseri (SBN 193193) David Alan Cooper (SBN 190203) 2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 3 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 4 Tel: (213) 282-2000 | Fax: (213) 282-3000 E-Service: EService@MobasseriLaw.com 5 6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 FLETES BERNAL, 12 Complaint Filed: February 17, 2023 13 Plaintiffs, NOTICE OF MOTION AND MOTION 14 vs. TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO 15 GOLD START MOTORS, INC.; GENERAL PLAINTIFFS’ REQUEST FOR 16 MOTORS, LLC.; COASTHILLS CREDIT PRODUCTION OF DOCUMENTS, UNION; DOES 1 through 100, Inclusive, SET TWO; DECLARATON OF DAVID 17 A. COOPER Defendants. 18 Date: January 5, 2024 19 Time: 8:30 AM Dept: 15 20 Trial: February 24, 2025 21 22 TO THE HONORABLE COURT, PARTIES AND THEIR COUNSEL OF RECORD: 23 PLEASE TAKE NOTICE that on January 5, 2024, at 8:30 AM, or as soon thereafter as 24 counsel may be heard, in Department 15 of the Monterey County Superior Court, located at 25 1200 Aguajito Road, Monterey, California 93940, Plaintiff will move this Court for an Order 26 compelling defendant General Motors, LLC (“GM”) to serve verified responses to Plaintiff’s 27 Request for Production of Documents, Set Two. This motion is made pursuant to California 28 1 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 Code of Civil Procedure §2031.260(a) (responses) and §2031.280(b) (documents) on the 2 grounds that GM has failed to respond to the Request for Production of Documents, Set Two. 3 This Motion is based on this Notice, the accompanying Memorandum of Points and 4 Authorities, the supporting Declaration of David Alan Cooper, Esq., the pleadings, records and 5 files herein, and such further oral or documentary evidence as may be presented at the time of the 6 hearing on this Motion. 7 8 9 Dated: September 27, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 10 By: __________________________________________ 11 Robert B. Mobasseri 12 David Alan Cooper Attorneys for Plaintiffs, CRISTOBAL FLETES 13 AND OSCAR ISIDRO FLETES BERNAL 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 MEMORANDUM OF POINTS AND AUTHORITIEIS 2 I. BACKGROUND 3 This is a consumer-protection action stemming from the sale of a defective new vehicle. 4 On May 2, 2022, Plaintiff purchased a new 2022 GMC Sierra truck for $93,197. The Vehicle was 5 sold with General Motors’ express warranty covering all systems for the earlier of 3-years or 6 36,000 miles and certain “powertrain” components for the earlier of 5-years or 60,000 miles. 7 The Vehicle has a manufacturing defect that causes the control screen features to 8 malfunction. Plaintiff presented the Vehicle with those symptoms on August 18, 2022, with 5,784 9 miles on the odometer. The dealership technicians performed an update on the Vehicle’s software. 10 However, the malfunctions continued. On December 5, 2022, with 12,567 miles on the odometer, 11 Plaintiff presented the Vehicle to a different GM dealership, again presenting the control-screen 12 symptoms. Dealership again performed a software update. Yet, the malfunctions continued in the 13 same manner. 14 Plaintiff later discovered through counsel that this malfunction is known to GM, as 15 admitted in a “Technical Service Bulletin,” discussed below. 16 II. DISCOVERY AT ISSUE 17 Plaintiff propounded Request for Production of Documents, Set Two, to GM on August 18 14, 2023. (See Exhibit A to the Declaration of David Alan Cooer (“Cooper Decl.”). The statutory 19 time for GM to respond was September 15, 2023, but Plaintiff received no responses (Cooper Decl. 20 ¶ 3). Plaintiff’s counsel, as a professional courtesy, sent a meet and confer letter on September 19, 21 2023, asking GM to provide verified responses by September 25, 2023 (Cooper Decl. Exhibit B). 22 Plaintiff received no response (Cooper Decl. ¶ 6) 23 III. ARGUMENT 24 Plaintiff’s Request For Production of Documents, Set Two, are narrowly-tailored, 25 explicitly exclude expert or attorney-client information, and make specific reference to GM’s own 26 Technical Service Bulletin concerning the Vehicle’s defective control screen (Cooper Decl. 27 Exhibit C): 28 // 3 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18 2 All DOCUMENTS that YOU IDENTIFIED in YOUR response to Special 3 Interrogatories, Set Two, served concurrently. 4 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19 5 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding 6 counsel, have investigated the allegations raised by PLAINTIFF concerning defects in the audio 7 control screen of the VEHICLE. 8 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20 9 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding 10 counsel, have investigated the allegations raised by PLAINTIFF concerning malfunctions in the 11 VEHICLE’s audio control screen. 12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21 13 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or 14 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or 15 retained expert witnesses, concerning the allegations raised by PLAINTIFF of defects in the 16 VEHICLE’s audio control screen. 17 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22 18 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or 19 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or 20 retained expert witnesses, concerning the allegations raised by PLAINTIFF of malfunctions in 21 the VEHICLE’s audio control screen. 22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23 23 With regard to Technical Service Bulletin 22-NA-123, if YOU have received reports of 24 customers besides PLAINTIFF experiencing symptoms in the past five years consistent with 25 those described in the Technical Service Bulletin, please produce all DOCUMENTS indicting 26 identifying information for such customers, including but not limited to name, addresses, phone 27 numbers and emails. 28 4 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 GM’s TSB entitled “22-NA-123: Black Radio Display Screen and No Communication 2 with the Video Processing Module (VPM),” states, “Some customers may comment on condition 3 present on the radio display where a black screen with a triangle and a camera with a slash through 4 it is displayed.” (see highlighted portion of Ex. C) 5 Plaintiff’s complaint is based on the audio screen turning black while the Vehicle is in 6 operation. Here, the TSB involves the very same symptoms. The TSB goes on to state, “The cause 7 of the condition may be software anomalies in the VPM.” (see highlighted portion of Ex. C) 8 Plaintiff seeks to obtain the data GM relied upon to determine the problem was an anomaly 9 in the VPM’s software. Such data will help Plaintiff prove at trial what GM knew about the 10 anomaly and when they knew it, and it will determine the breadth of consumers affected by the 11 defect and will contribute to Plaintiff being awarded civil penalties at trial. The details of the 12 investigation will provide the facts necessary for Plaintiff to prove at trial the extent to which GM 13 was aware of the defect prior to Plaintiff’s purchase and during Plaintiff’s repair attempts. GM’s 14 knowledge would be highly probative of GM’s “unreasonableness” in not immediately offering a 15 rescission of the purchase. Moreover, if the problem is truly unrepairable, that would lend even more 16 strength to a request for civil penalties, as GM should have immediately offered a repurchase once 17 Plaintiff’s Vehicle started exhibiting the same, unrepairable problem. Therefore, what remedies 18 GM attempt ed and why they failed are both valid inquiries related to the assessment of civil 19 penalties. See Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 135- 20 137: “BMW issued a technical bulletin in October 1990 which alerted dealerships about a brake 21 shimmy in the 528e model. … [T]he jury could reasonably infer Roseville BMW's replacement of 22 the rotors, pads, and other brake parts provided temporary relief from the shimmy but never 23 resolved a fundamental defect in the braking system. … We conclude there is sufficient evidence 24 to support the jury's express finding BMW willfully violated the Act.” 25 The Legislative purpose of civil penalties under Civil Code Section 1794(c) is to deter foot- 26 dragging by manufacturers who, despite valid repurchase demands and the knowledge that their 27 vehicles are defective as outlined in customer complaints, engage in years of drawn-out 28 litigation. A jury is empowered to penalize manufacturers if that dilatory conduct is deemed 5 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 “unreasonable.” See Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 135-137; 2 Kwan v. Mercedes-Benz of N. America, Inc., (1994) 23 Cal.App.4th 174, 185-186. Axiomatically, 3 Plaintiff is entitled to utilize discovery to attempt to prove what he has pleaded. Garamendi v. 4 Golden Eagle Ins. Co. (2004) 116 Cal.App.4th 694, 712, fn. 8; Gonzalez v. Superior Court (1995) 5 33 Cal. App. 4th 1539, 1546. 6 The discovery propounded is narrowly-tailored, written in clear and plain language, and 7 facially-relevant to the allegations in the pleadings, particularly regarding potential civil 8 penalties. If the materials requested show that GM knew, either prior to Plaintiff’s purchase or 9 during his repair presentations, that the Vehicle’s control screen was defective due to a 10 manufacturing problem, that will support Plaintiff’s pleading and proof at trial that civil penalties 11 are appropriate. Plaintiff is entitled to utilize discovery to attempt to prove what he has 12 pleaded. Garamendi v. Golden Eagle Ins. Co. (2004) 116 Cal.App.4th 694, 712, fn. 8; Gonzalez 13 v. Superior Court (1995) 33 Cal. App. 4th 1539, 1546. 14 IV GM SHOULD BE ORDERED TO ANSWER WITHOUT OBJECTION 15 When a party has completely failed to respond to discovery, there is no statutory meet and 16 confer requirement or separate statement requirement. The party failing to respond is simply 17 delinquent and subject to an order compelling responses; Leach v. Sup.Ct. (1980) 111 Cal. App. 18 3d 902, 905-906. Notwithstanding, Plaintiff did attempt to meet-and-confer, but to no effect. 19 WHEREFORE, Plaintiff seeks an Order compelling GM to serve verified discovery 20 responses and responsive documents concerning Plaintiff’s Request for Production of Documents, 21 Set Two, without objection, within 10 day of the Court’ Order. 22 23 Dated: September 27, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 24 By: __________________________________________ 25 Robert B. Mobasseri 26 David Alan Cooper Attorneys for Plaintiffs, CRISTOBAL FLETES 27 AND OSCAR ISIDRO FLETES BERNAL 28 6 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO 1 DECLARATION OF DAVID ALAN COOPER 2 I, David Alan Cooper, declare as follows: 3 1. I am an attorney at law duly licensed to practice in all the courts in the State of California. 4 I am a Senior Associate in the Law Offices of Robert B. Mobasseri, PC, attorneys of record for 5 Plaintiffs Cristobal Fletes and Oscar Isidro Flete Bernal. I am familiar with the documents, papers, 6 files and records related to this mater, which are maintained by my office in the regular course of 7 business. I have personal knowledge of the facts stated herein and if called upon to testify thereto, 8 I could and would do so competently. I make this declaration in support of Plaintiff’s Motion to 9 Compel Responses by GM to Plaintiff’s Request for Production of Documents, Set Two. 10 2. On August 14, 2023, at my express instructions, James D. Stone, a paralegal employee of 11 the Law Offices of Robert B. Mobasseri, PC, served Request for Production of Documents, Set 12 Two, to GM’s attorney of record. A true and correct copy of the Special Interrogatories are 13 attached as Exhibit A. 14 3. Responses were due by September 15, 2023, but I received no response from GM. 15 4. As a courtesy to GM, I sent a meet and confer letter on September 19, 2023, inquiring 16 about the missing discovery responses. A true and correct copy is attached as Exhibit B. 17 5. The Request for Production of Documents, Set Two, specifically reference GM’s own 18 internal TSB. A true and correct copy of the TSB is attached as Exhibit C. 19 6. To date I have not received any responses from GM. 20 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. Executed this 27th day of September, 2023 23 24 . 25 ____________________________________ 26 David Alan Cooper 27 28 8 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS TO PLAINTIFF’S REQUEST FOR PRODUCTION, SET TWO EXHIBIT A 1 Robert B. Mobasseri (SBN 193193) David Alan Cooper (SBN 190203) 2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 3 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 4 Tel: (213) 282-2000 | Fax: (213) 282-3000 E-Service: EService@MobasseriLaw.com 5 6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 FLETES BERNAL, 12 Complaint Filed: February 17, 2023 13 Plaintiffs, PLAINTIFF’S REQUEST FOR 14 vs. PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, 15 GOLD START MOTORS, INC.; GENERAL SET TWO 16 MOTORS, LLC.; COASTHILLS CREDIT UNION; DOES 1 through 100, Inclusive, Production: 17 Date: September 15, 2023 Defendants. Time: 10:00 AM 18 Location: 15760 Ventura Blvd., Suite 850 19 Encino, CA 91436 EService@MobasseriLaw.com 20 Trial: None 21 22 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES and OSCAR ISIDRO FLETES 23 BERNAL 24 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC 25 SET NUMBER: Two 26 Propounding Party requests responses per Code of Civil Procedure section 2031.260, et 27 seq. to the following. Copies of the requested documents should be produced at the Law Offices 28 of Robert B. Mobasseri, PC, at 15760 Ventura Boulevard, Suite 850, Encino, California 91436, or 1 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 electronically to EService@MobasseriLaw.com If any of the materials requested are claimed to 2 be privileged, please list the following information for each item claimed to be privileged: 3 (a) A brief description of the nature and contents of the matter claimed to be privileged; 4 (b) The name, occupation and capacity of the individual from whom the privileged 5 matter emanated; 6 (c) The name, occupation and capacity of the individual to whom the privileged matter 7 was directed; 8 (d) The date the item bears; and 9 (e) The privilege claimed. 10 REQUESTS FOR PRODUCTION OF DOCUMENTS 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18 12 All DOCUMENTS that YOU IDENTIFIED in YOUR response to Special 13 Interrogatories, Set Two, served concurrently. 14 (As used herein, the term “DOCUMENTS” shall mean and refer to a writing, as defined 15 in Evidence Code §250, and includes the original or a copy of a handwritten, typewritten, 16 printed, photostat, photograph and every other means of recording upon any tangible thing and 17 form of communicating or representation, including letters, memos, words, pictures, sound 18 symbols, or combinations of them.) 19 (As used herein, the term “YOU” or “YOUR” shall mean and refer to the Responding 20 Party as identified above.) 21 (As used herein, the term “IDENTIFY” or “IDENTIFIED” with respect to documents, 22 shall mean and refer to information sufficient to enable plaintiff to obtain the document with a 23 subpoena, including but not limited to the date of the document, a physical description of the 24 document, a brief description of the content of the document, the name of the person who created 25 the document, the name of the person to whom the writing was directed, if any, the identity of 26 the custodian of the document, the location of the document, and any title given to the 27 document.) 28 // 2 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19 2 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding 3 counsel, have investigated the allegations raised by PLAINTIFF concerning defects in the audio 4 control screen of the VEHICLE. 5 (As used herein, the term “IDENTIFY,” with respect to a PERSON, shall mean and refer 6 to their name, occupation, address, or last known address, and telephone number of the person.) 7 (As used herein, the term “PERSON” or “PERSONS” shall mean and refer to natural 8 persons, firms, associations, organizations, partnerships, businesses, trusts, corporations, or 9 public entities.) 10 (As used herein, the term “PLAINTIFF” shall mean and refer to the Requesting Party as 11 identified above.) 12 13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20 14 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding 15 counsel, have investigated the allegations raised by PLAINTIFF concerning malfunctions in the 16 VEHICLE’s audio control screen. 17 18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21 19 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or 20 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or 21 retained expert witnesses, concerning the allegations raised by PLAINTIFF of defects in the 22 VEHICLE’s audio control screen. 23 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22 25 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or 26 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or 27 retained expert witnesses, concerning the allegations raised by PLAINTIFF of malfunctions in 28 the VEHICLE’s audio control screen. 3 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23 2 With regard to Technical Service Bulletin 22-NA-123, if YOU have received reports of 3 customers besides PLAINTIFF experiencing symptoms in the past five years consistent with 4 those described in the Technical Service Bulletin, please produce all DOCUMENTS indicting 5 identifying information for such customers, including but not limited to name, addresses, phone 6 numbers and emails. 7 8 9 Dated: August 14, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 10 By: __________________________________________ 11 David Alan Cooper 12 Attorneys for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO PROOF OF SERVICE 1 2 I, James D. Stone, declare as follows: I am employed in the County of Los Angeles. I am over the age of eighteen years and not a party to the within above-entitled action. My business 3 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436. 4 On August 14, 2023, I served the PLAINTIFF’S REQUEST FOR PRODUCTION 5 OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO on the interested parties in the within action, as follows: 6 7 Mary Lynn Arens, Esq. Attorneys for Defendant, THE ERSKINE LAW GROUP, PC General Motors LLC 8 1576 Batavia St., Suite A Orange, CA 92867 9 Tel: (949) 777-6032/Fax: (714) 844-9035 10 Email: eservice-ca@erskinelaw.com 11 __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent 12 from the email address jim@mobasserilaw.com to the persons listed above at their respective email addresses. The document(s) were served electronically and their transmission was reported as 13 complete and without error. Service was completed before the close of business on the below date. 14 __X__ STATE: I declare under penalty of perjury under the laws of the State of California that 15 the foregoing it true and correct. 16 Executed on August 14, 2023, at Los Angeles, California. 17 18 _____________________________________ 19 James D. Stone 20 21 22 23 24 25 26 27 28 5 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO EXHIBIT B ROBERT B. MOBASSERI Attorney at Law A PROFESSIONAL CORPORATION David A. Cooper Email: DCooper@MobasseriLaw.com September 19, 2023 Mary Arens McBride, Esq. ERSKINE LAW GROUP, PC 1592 North Batavia Street Suite 1A Orange, California 92867 Via Electronic Mail: marensmcbride@erskinelaw.com eservice-ca@erskinelaw.com Re: Fletes, et al v. Gold Start Motors, Inc, et al Monterey County Superior Court Case No. 23CV000513 Our File No. 3379 Dear Counsel, Attached please find courtesy copies of Plaintiff’s written discovery, Set Two, served to your e-service address on August 14, 2023. Responses were due after 30 day, plus two court days, which fell on September 15, 2023. I have no record of receiving verified responses. Accordingly, objections are waived. Please provide verified responses by September 25, 2023. Thank you for your attention to this matter. Very Truly Yours, LAW OFFICES OF ROBERT B. MOBASSERI, PC By: _____________________________________ David Alan Cooper (SBN 190203) 15760 Ventura Bo ulev ard, Suite 850 Encino, Ca lifornia 91436 Telepho ne (213) 282-2000 Fac sim ile (213) 282-3 00 0 1 Robert B. Mobasseri (SBN 193193) David Alan Cooper (SBN 190203) 2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 3 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 4 Tel: (213) 282-2000 | Fax: (213) 282-3000 E-Service: EService@MobasseriLaw.com 5 6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 11 FLETES BERNAL, Complaint Filed: February 17, 2023 12 Plaintiffs, 13 PLAINTIFFS’ SPECIAL vs. INTERROGATORIES TO DEFENDANT 14 GENERAL MOTORS, LLC, SET TWO 15 GOLD START MOTORS, INC.; GENERAL MOTORS, LLC.; COASTHILLS CREDIT Trial: None 16 UNION; DOES 1 through 100, Inclusive, 17 Defendants. 18 19 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES and OSCAR ISIDRO FLETES 20 BERNAL 21 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC 22 SET NUMBER: Two 23 Propounding Party requests responses per Code of Civil Procedure section 2030.210, et seq. to 24 the following: 25 SPECIAL INTERROGATORY NO. 15 26 IDENTIFY all research YOU, or anyone acting on YOUR behalf, conducted concerning 27 PLAINTFF’s allegations of malfunctions in the VEHICLE’s audio control screen, excluding 28 research by counsel. 1 PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 (As used herein, the term “IDENTIFY,” with respect to documents, shall mean and refer to 2 information sufficient to enable plaintiff to obtain the document with a subpoena, including but 3 not limited to the date of the document, a physical description of the document, a brief 4 description of the content of the document, the name of the person who created the document, 5 the name of the person to whom the writing was directed, if any, the identity of the custodian of 6 the document, the location of the document, and any title given to the document.) 7 (As used herein, the term “COMMUNICATIONS” shall mean and refer to the transmittal 8 or receipt in any and every manner, of facts, information, opinion, ideas, inquiries or otherwise 9 orally, by document or copy thereof or otherwise, and by mail, email or text.) 10 (As used herein, the term “YOU” or “YOUR” shall mean and refer to the Responding 11 Party as identified above.) 12 (As used herein, the term “DEALER” shall mean and refer to Defendant MOTOR CITY 13 SALES AND SERVICE.) 14 (As used herein, the term “PLAINTIFF” shall mean and refer to the Requesting Party as 15 identified above.) 16 (As used herein, the term “VEHICLE” shall mean and refer to the VEHICLE that is the 17 subject of this action.) 18 19 20 SPECIAL INTERROGATORY NO. 16 21 IDENTIFY all PERSONS who, acting on YOUR behalf, investigated the allegations 22 raised by PLAINTIFF concerning malfunctions defects in the VEHICLE’s audio control screen, 23 excluding counsel. 24 (As used herein, the term “PERSON” or “PERSONS” shall mean and refer to natural 25 persons, firms, associations, organizations, partnerships, businesses, trusts, corporations, or 26 public entities.) 27 28 2 PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 SPECIAL INTERROGATORY NO. 17 2 IDENTIFY all DOCUMENTS that contain reports, histories, diagnostics, opinions or 3 conclusions following the investigation by PERSONS on behalf of YOU, concerning the 4 allegations raised by PLAINTIFF of malfunctions in the VEHICLE’s brakes, but excluding those 5 of counsel. 6 (As used herein, the term “DOCUMENTS” shall mean and refer to a writing, as defined 7 in California Evidence Code section 250. The terms “DOCUMENT” and “DOCUMENTS” 8 include, but are not limited to, papers, books, notes, memoranda, correspondence, telegrams, 9 transcripts, e-mails, facsimiles, financial statements, checks, reports, working papers, maps, 10 diagrams, blueprints, drawings, photographs, computer printouts, PowerPoint presentations, 11 webcasts, tape recordings, code books, research papers, minutes of meetings, any form of 12 communication or representation, promotional materials, appointment books, daily calendars, 13 schedules, written summaries of oral communications and draft originals, copies of any other 14 form of reproduction, drawings, graphs, charts, compact discs, computer disks, computer hard 15 drives and other magnetic data storage media, letters, words, or numbers, or their equivalent, set 16 down by handwriting, typewriting, printing, photostating, photographs, video tapes, magnetic 17 impulse, mechanical or electronic recording, or other form of data compilation from which 18 information can be obtained.) 19 20 SPECIAL INTERROGATORY NO. 18 21 IDENTIFY all Technical Service Bulletins which apply to the VEHICLE. 22 23 SPECIAL INTERROGATORY NO. 19 24 IDENTIFY all Recalls which apply to the VEHICLE. 25 26 SPECIAL INTERROGATORY NO. 20 27 IDENTIFY all Campaigns which apply to the VEHICLE. 28 3 PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 SPECIAL INTERROGATORY NO. 21 2 With regard to Technical Service Bulletin 22-NA-123, issued on June 17, 2022, 3 IDENTIFY by date and title all research, studies and other DOCUMENTS which explain the 4 phrase, “Some customers may comment on condition present on the radio display where a black 5 screen with a triangle and a camera with the slash through it is displayed.” 6 7 SPECIAL INTERROGATORY NO. 22 8 With regard to Technical Service Bulletin 22-NA-123, issued on June 17, 2022, 9 IDENTIFY by date and title all research, studies and other DOCUMENTS which explain the 10 phrase, “The cause of the condition may be software anomalies in the VPM.” 11 12 SPECIAL INTERROGATORY NO. 23 13 With regard to Technical Service Bulletin 22-NA-123, issued on June 17, 2022, 14 IDENTIFY by date and title all research, studies and other DOCUMENTS which explain the 15 phrase, “Technicians are to pull VPM fuse and leave for one minute then reinstall.” 16 17 SPECIAL INTERROGATORY NO. 24 18 IDENTIFY by name and title all PERSONS who authored the studies which lead to 19 Technical Service Bulletin 22-NA-123 20 21 SPECIAL INTERROGATORY NO. 25 22 IDENTIFY by date and title all DOCUMENTS evidencing reports by consumers which 23 led to Technical Service Bulletin 22-NA-123 24 25 Dated: August 14, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 26 By: __________________________________________ 27 David Alan Cooper 28 Attorneys for Plaintiffs 4 PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 PROOF OF SERVICE 2 I, James D. Stone, declare as follows: I am employed in the County of Los Angeles. I am 3 over the age of eighteen years and not a party to the within above-entitled action. My business address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436. 4 On August 14, 2023, I served the PLAINTIFFS’ SPECIAL INTERROGATORIES 5 TO DEFENDANT GENERAL MOTORS, LLC, SET TWO on the interested parties in the 6 within action, as follows: 7 Mary Lynn Arens, Esq. Attorneys for Defendant, 8 THE ERSKINE LAW GROUP, PC General Motors LLC 1576 Batavia St., Suite A 9 Orange, CA 92867 Tel: (949) 777-6032/Fax: (714) 844-9035 10 Email: eservice-ca@erskinelaw.com 11 __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent 12 from the email address jim@mobasserilaw.com to the persons listed above at their respective email 13 addresses. The document(s) were served electronically and their transmission was reported as complete and without error. Service was completed before the close of business on the below date. 14 15 __X__ STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing it true and correct. 16 17 Executed on August 14, 2023, at Los Angeles, California. 18 _____________________________________ 19 James D. Stone 20 21 22 23 24 25 26 27 28 5 PLAINTIFFS’ SPECIAL INTERROGATORIES TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 Robert B. Mobasseri (SBN 193193) David Alan Cooper (SBN 190203) 2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 3 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 4 Tel: (213) 282-2000 | Fax: (213) 282-3000 E-Service: EService@MobasseriLaw.com 5 6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 FLETES BERNAL, 12 Complaint Filed: February 17, 2023 13 Plaintiffs, PLAINTIFF’S REQUEST FOR 14 vs. PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, 15 GOLD START MOTORS, INC.; GENERAL SET TWO 16 MOTORS, LLC.; COASTHILLS CREDIT UNION; DOES 1 through 100, Inclusive, Production: 17 Date: September 15, 2023 Defendants. Time: 10:00 AM 18 Location: 15760 Ventura Blvd., Suite 850 19 Encino, CA 91436 EService@MobasseriLaw.com 20 Trial: None 21 22 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES and OSCAR ISIDRO FLETES 23 BERNAL 24 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC 25 SET NUMBER: Two 26 Propounding Party requests responses per Code of Civil Procedure section 2031.260, et 27 seq. to the following. Copies of the requested documents should be produced at the Law Offices 28 of Robert B. Mobasseri, PC, at 15760 Ventura Boulevard, Suite 850, Encino, California 91436, or 1 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 electronically to EService@MobasseriLaw.com If any of the materials requested are claimed to 2 be privileged, please list the following information for each item claimed to be privileged: 3 (a) A brief description of the nature and contents of the matter claimed to be privileged; 4 (b) The name, occupation and capacity of the individual from whom the privileged 5 matter emanated; 6 (c) The name, occupation and capacity of the individual to whom the privileged matter 7 was directed; 8 (d) The date the item bears; and 9 (e) The privilege claimed. 10 REQUESTS FOR PRODUCTION OF DOCUMENTS 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18 12 All DOCUMENTS that YOU IDENTIFIED in YOUR response to Special 13 Interrogatories, Set Two, served concurrently. 14 (As used herein, the term “DOCUMENTS” shall mean and refer to a writing, as defined 15 in Evidence Code §250, and includes the original or a copy of a handwritten, typewritten, 16 printed, photostat, photograph and every other means of recording upon any tangible thing and 17 form of communicating or representation, including letters, memos, words, pictures, sound 18 symbols, or combinations of them.) 19 (As used herein, the term “YOU” or “YOUR” shall mean and refer to the Responding 20 Party as identified above.) 21 (As used herein, the term “IDENTIFY” or “IDENTIFIED” with respect to documents, 22 shall mean and refer to information sufficient to enable plaintiff to obtain the document with a 23 subpoena, including but not limited to the date of the document, a physical description of the 24 document, a brief description of the content of the document, the name of the person who created 25 the document, the name of the person to whom the writing was directed, if any, the identity of 26 the custodian of the document, the location of the document, and any title given to the 27 document.) 28 // 2 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19 2 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding 3 counsel, have investigated the allegations raised by PLAINTIFF concerning defects in the audio 4 control screen of the VEHICLE. 5 (As used herein, the term “IDENTIFY,” with respect to a PERSON, shall mean and refer 6 to their name, occupation, address, or last known address, and telephone number of the person.) 7 (As used herein, the term “PERSON” or “PERSONS” shall mean and refer to natural 8 persons, firms, associations, organizations, partnerships, businesses, trusts, corporations, or 9 public entities.) 10 (As used herein, the term “PLAINTIFF” shall mean and refer to the Requesting Party as 11 identified above.) 12 13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20 14 All DOCUMENTS that IDENTIFY each PERSON who, on YOUR behalf, but excluding 15 counsel, have investigated the allegations raised by PLAINTIFF concerning malfunctions in the 16 VEHICLE’s audio control screen. 17 18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 21 19 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or 20 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or 21 retained expert witnesses, concerning the allegations raised by PLAINTIFF of defects in the 22 VEHICLE’s audio control screen. 23 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 22 25 All DOCUMENTS which contain reports, histories, diagnostics, opinions, or 26 conclusions, following the investigation by persons on YOUR behalf but excluding counsel or 27 retained expert witnesses, concerning the allegations raised by PLAINTIFF of malfunctions in 28 the VEHICLE’s audio control screen. 3 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 23 2 With regard to Technical Service Bulletin 22-NA-123, if YOU have received reports of 3 customers besides PLAINTIFF experiencing symptoms in the past five years consistent with 4 those described in the Technical Service Bulletin, please produce all DOCUMENTS indicting 5 identifying information for such customers, including but not limited to name, addresses, phone 6 numbers and emails. 7 8 9 Dated: August 14, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 10 By: __________________________________________ 11 David Alan Cooper 12 Attorneys for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO PROOF OF SERVICE 1 2 I, James D. Stone, declare as follows: I am employed in the County of Los Angeles. I am over the age of eighteen years and not a party to the within above-entitled action. My business 3 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436. 4 On August 14, 2023, I served the PLAINTIFF’S REQUEST FOR PRODUCTION 5 OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO on the interested parties in the within action, as follows: 6 7 Mary Lynn Arens, Esq. Attorneys for Defendant, THE ERSKINE LAW GROUP, PC General Motors LLC 8 1576 Batavia St., Suite A Orange, CA 92867 9 Tel: (949) 777-6032/Fax: (714) 844-9035 10 Email: eservice-ca@erskinelaw.com 11 __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent 12 from the email address jim@mobasserilaw.com to the persons listed above at their respective email addresses. The document(s) were served electronically and their transmission was reported as 13 complete and without error. Service was completed before the close of business on the below date. 14 __X__ STATE: I declare under penalty of perjury under the laws of the State of California that 15 the foregoing it true and correct. 16 Executed on August 14, 2023, at Los Angeles, California. 17 18 _____________________________________ 19 James D. Stone 20 21 22 23 24 25 26 27 28 5 PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GENERAL MOTORS, LLC, SET TWO EXHIBIT C 8/14/23, 8:55 AM Black Radio Display Screen and No Communication with the Video Processing Module (VPM) - ALLDATA Repair 2022 GMC Truck Sierra 1500 LTD 2WD L6-3.0L DSL Turbo Vehicle > Technical Service Bulletins BLACK RADIO DISPLAY SCREEN AND NO COMMUNICATION WITH THE VIDEO PROCESSING MODULE (VPM) #22-NA-123: Black Radio Display Screen and No Communication with the Video Processing Module (VPM) - (Jun 17, 2022) Subject: Black Radio Display Screen and No Communication with the Video Processing Module (VPM) Model Year: VIN: Brand: Model: Engine: Transmission: from to from to Silverado 1500 2020 2021 Silverado 1500 LTD (RPO J21, 2022 2022 Chevrolet VIN Digit 5 = W / Y) Silverado 2020 2022 2500HD/3500HD Sierra 1500 2020 2021 Sierra 1500 Limited (RPO 2022 2022 GMC J21, VIN Digit 5 = 8 / 9) Sierra 2020 2022 2500HD/3500HD United States, Canada, Mexico, Middle East, Israel, Palestine, Chile Involved Region or Country (West), Paraguay (West), Uruguay (West), Japan, Thailand (ASEAN), Australia/New Zealand https://my.alldata.com/repair/#/repair/vehicle/63455/component/1/itype/100/tsbs/20220620165624464/selfRefLink/ 1/6 8/14/23, 8:55 AM Black Radio Display Screen and No Communication with the Video Processing Module (VPM) - ALLDATA Repair Additional Options (RPOs) Equipped with RPO UVS Some customers may comment on condition present on the radio display where a black screen with a triangle and a camera with the slash Condition through it is displayed. No DTCs will be present because there will be no communication in the VPM. Cause The cause of the condition may be software anomalies in the VPM. Technicians are to pull VPM fuse and leave for one minute then reinstall. Correction After completing the fuse pull then reprogram the VPM with the latest software released. Service Procedure Important: Service agents must comply with all International, Federal, State, Provincial, and/or Local laws applicable to the activities it performs under this bulletin, including but not limited to handling, deploying, preparing, classifying, packaging, marking, labeling, and shipping dangerous goods. In the event of a conflict between the procedures set forth in this bulletin and the laws that apply to your dealership, you must follow those applicable laws. Caution: Before downloading the update files, be sure the computer is connected to the internet through a network ca