Preview
QREQHNAL
Tionna Dolin (SBN 299010)
e-mail: tdolin sl attome .com
Rabiya Tirmizi (SBN 334508)
e-mail: rtirmizi@slpattomey.com F LED
l
supemoa counT 0F CALIFORNIA
Rosario Stoliker (SBN 328318) COUNTY 0F SAN BERNARDINO
e-mail: rstoliker@slpattorney.com
STRATEGIC LEGAL PRACTICES
A PROFESSIONAL CORPORATION SEP 26 2023
1888 Century Park East, 19th Floor
Los Angeles, CA 90067
Telephone: (310) 929—4900 BY: Amaris Morale§Eumana. Deputy
Facsimile: (310) 943-3838
Attorneys for Plaintiffs,
\OWNON
MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10
11
MANUEL RODRIGUEZ AND LUCIA DE LA Case No.2 CIVSB2228894
12
ROSA DAVILA,
Case Initiated: December 30, 2022
13 Plaintiffs,
vs. Hon. Winston Keh
14 Dept. S33
GENERAL MOTORS, LLC; and DOES 1
15
through 10, inclusive, PLAINTIFFS’ NOTICE OFMOTION TO
16
COMPEL FURTHER RESPONSES TO
Defendant. PLAINTIFFS’ REQUESTS FOR
l7 PRODUCTION OF DOCUMENTS, SET
ONE AND REQUEST FOR MONETARY
18 SANCTIONS FROM DEFENDANT
GENERAL MOTORS, LLC
19
20 [Filed concurrently with Memorandum 0f
Points and Authorities in Support Thereof
21 Declaration ofRosario Stoliker, Separate
Statement and [Proposed] Order]
22
Date: TBD
23
Time: TBD
24 Dept: S33
25
26
27
28
NOTICE OF MOTION TO COMPEL FURTI-ER RESPONSES TO PS’ REQUESTS FOR PRODUCTION OF
DOCUMENTS, SET ONE AND REQUEST FOR MONETARY SANCTIONS FROM DEFENDANT GM
TO THE HONORABLE COURT, DEFENDANT, AND ITS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on TBD, at TBD, in. in Department SS3 0f the San
Bernardino Justice Center, San Bemardino Superior Court, located at 247 West Third Street, San
Bemardino, CA, 92415, Plaintiffs MANUEL RODRIGUEZ AND LUCIA DE LA ROSA
(11-wa
DAVILA (“Plaintiffs”) will, and hereby does, move for an order to: (l) strike Defendant General
Motors, LLC’s (“Defendant”) meritless objections and compel further responses to Plaintiffs’
Requests for Production of Documents, Set One, Nos. 1, 3, 7, 17, 23, 24, 25, 37, 38, 39, 40, 41,
42, 43, 44, 45, 50, 51, 52, 53, 58, 59, 68, 76, 78, 79, 86, and 91 (collectively, the “Requests”);
\OOOQQ
(2) produce all responsive documents corresponding to those Requests; and (3) for monetary
10 sanctions.
11 This Motion is made pursuant to California Code of Civil Procedure sections 2031 .310,
12 128(a)(4), and 2023.030(a), on the grounds that Defendant has failed to provide adequate
13 responses to Plaintiffs’ Requests, which seek documents directly relevant to their Song-Beverly
14 Consumer Warranty Act claims, and failed to meet and confer with Plaintiffs in good faith.
15 Specifically, Plaintiffs allege that their 2021 Chevrolet Silverado 1500 vehicle, which was
16 manufactured and distributed by Defendant, suffers from widespread defects—including the
17 Transmission Defects—and that Defendant has been unable to repair the vehicle within a
18 reasonable number of attempts. Plaintiffs also allege that Defendant knew that the vehicle suffered
19 from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of
20 the Song-Beverly Act. Plaintiffs further allege that Defendant knew that the vehicle and its
21 transmission, among other things, are defective and susceptible to sudden, premature, and
22 catastrophic failure, but failed to disclose this fact to Plaintiffs at the time of sale and thereafter.
23 Accordingly, the Requests seek documents relating to Defendant’s internal investigation
24 and analysis ofthe Defects plaguing Plaintiffs’ vehicle and establishing that Defendant previously
25 knew 0f such Defects but nevertheless refused to repurchase the vehicle.
26 T0 prove these allegations, Plaintiffs requested the following categories of documents
27 (some of which may overlap):
28 1
NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO P’S REQUESTS FOR PRODUCTION OF
DOCUMENTS, SET ONE AND REQUEST FOR MONETARY SANCTIONS FROM DEFENDANT GM
Preview
QREQHNAL Tionna Dolin (SBN 299010) e-mail: tdolin sl attome .com Rabiya Tirmizi (SBN 334508) e-mail: rtirmizi@slpattomey.com F LED l supemoa counT 0F CALIFORNIA Rosario Stoliker (SBN 328318) COUNTY 0F SAN BERNARDINO e-mail: rstoliker@slpattorney.com STRATEGIC LEGAL PRACTICES A PROFESSIONAL CORPORATION SEP 26 2023 1888 Century Park East, 19th Floor Los Angeles, CA 90067 Telephone: (310) 929—4900 BY: Amaris Morale§Eumana. Deputy Facsimile: (310) 943-3838 Attorneys for Plaintiffs, \OWNON MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 11 MANUEL RODRIGUEZ AND LUCIA DE LA Case No.2 CIVSB2228894 12 ROSA DAVILA, Case Initiated: December 30, 2022 13 Plaintiffs, vs. Hon. Winston Keh 14 Dept. S33 GENERAL MOTORS, LLC; and DOES 1 15 through 10, inclusive, PLAINTIFFS’ NOTICE OFMOTION TO 16 COMPEL FURTHER RESPONSES TO Defendant. PLAINTIFFS’ REQUESTS FOR l7 PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR MONETARY 18 SANCTIONS FROM DEFENDANT GENERAL MOTORS, LLC 19 20 [Filed concurrently with Memorandum 0f Points and Authorities in Support Thereof 21 Declaration ofRosario Stoliker, Separate Statement and [Proposed] Order] 22 Date: TBD 23 Time: TBD 24 Dept: S33 25 26 27 28 NOTICE OF MOTION TO COMPEL FURTI-ER RESPONSES TO PS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR MONETARY SANCTIONS FROM DEFENDANT GM TO THE HONORABLE COURT, DEFENDANT, AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on TBD, at TBD, in. in Department SS3 0f the San Bernardino Justice Center, San Bemardino Superior Court, located at 247 West Third Street, San Bemardino, CA, 92415, Plaintiffs MANUEL RODRIGUEZ AND LUCIA DE LA ROSA (11-wa DAVILA (“Plaintiffs”) will, and hereby does, move for an order to: (l) strike Defendant General Motors, LLC’s (“Defendant”) meritless objections and compel further responses to Plaintiffs’ Requests for Production of Documents, Set One, Nos. 1, 3, 7, 17, 23, 24, 25, 37, 38, 39, 40, 41, 42, 43, 44, 45, 50, 51, 52, 53, 58, 59, 68, 76, 78, 79, 86, and 91 (collectively, the “Requests”); \OOOQQ (2) produce all responsive documents corresponding to those Requests; and (3) for monetary 10 sanctions. 11 This Motion is made pursuant to California Code of Civil Procedure sections 2031 .310, 12 128(a)(4), and 2023.030(a), on the grounds that Defendant has failed to provide adequate 13 responses to Plaintiffs’ Requests, which seek documents directly relevant to their Song-Beverly 14 Consumer Warranty Act claims, and failed to meet and confer with Plaintiffs in good faith. 15 Specifically, Plaintiffs allege that their 2021 Chevrolet Silverado 1500 vehicle, which was 16 manufactured and distributed by Defendant, suffers from widespread defects—including the 17 Transmission Defects—and that Defendant has been unable to repair the vehicle within a 18 reasonable number of attempts. Plaintiffs also allege that Defendant knew that the vehicle suffered 19 from prevalent defects, but nevertheless refused to repurchase the vehicle in willful violation of 20 the Song-Beverly Act. Plaintiffs further allege that Defendant knew that the vehicle and its 21 transmission, among other things, are defective and susceptible to sudden, premature, and 22 catastrophic failure, but failed to disclose this fact to Plaintiffs at the time of sale and thereafter. 23 Accordingly, the Requests seek documents relating to Defendant’s internal investigation 24 and analysis ofthe Defects plaguing Plaintiffs’ vehicle and establishing that Defendant previously 25 knew 0f such Defects but nevertheless refused to repurchase the vehicle. 26 T0 prove these allegations, Plaintiffs requested the following categories of documents 27 (some of which may overlap): 28 1 NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO P’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR MONETARY SANCTIONS FROM DEFENDANT GM