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Cc
(
ORIGINAL
Tionna Dolin (SBN 299010)
e-mail: tdolin@slpattorney.com
SUPERIOR COURT OF CAL JFORWIA
Rabiya Tirmizi (SBN 334508) COUNTY OF 8,3 AN BERNARDINO
e-mail: rtirmizi slpattorney.com
Rosario Stoliker (SBN 328318)
e-mail: rstoliker@sIpattorney.com oT 27 2023
STRATEGIC LEGAL PRACTICES
A PROFESSIONAL CORPORATION
1888 Century Park East, 19 Floor
,
Los Angeles, CA 90067 BY Irielian Cuen, Deputy
Telephone: (310) 929-4900
Facsimile: (310) 943-3838
Attorneys for Plaintiffs,
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.: CIVSB2228894
12 ROSA DAVILA,
Case Initiated: December 30, 2022
13 Plaintiffs,
vs. Hon. Winston Keh
14 Dept. $33
GENERAL MOTORS, LLC; and DOES 1
15
through 10, inclusive, PLAINTIFFS’ AMENDED NOTICE OF
16 MOTION TO COMPEL FURTHER
Defendant. RESPONSES TO PLAINTIFFS’
17 REQUESTS FOR PRODUCTION OF
DOCUMENTS, SET ONE AND REQUEST
18 FOR MONETARY SANCTIONS FROM
19 DEFENDANT GENERAL MOTORS, LLC
20 [Filed concurrently with Memorandum of
Points and Authorities in Support Thereof,
21 Declaration of Rosario Stoliker, Separate
Statement and [Proposed] Order]
22
23 Date: November 2, 2023
Time: 8:30 a.m.
24 Dept.: S33
25
26
27
28 AMENDED NOTICE OF MOTION TO COMPEL FURTHER 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 November 2, 2023, at 8:30 a.m., in. in Department $33
of the San Bernardino Justice Center, San Bernardino Superior Court, located at 247 West Third
Street, San Bernardino, CA, 92415, Plaintiffs MANUEL RODRIGUEZ AND LUCIA DE LA
ROSA DAVILA (“Plaintiffs”) will, and hereby does, move for an order to: (1) 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”); (2) produce all responsive documents corresponding to those Requests; and (3) for
10 monetary sanctions.
1 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 of the Defects plaguing Plaintiffs’ vehicle and establishing that Defendant previously
25 knew of such Defects but nevertheless refused to repurchase the vehicle.
26 To prove these allegations, Plaintiffs requested the following categories of documents
27 (some of which may overlap):
1
>
2 8 AMENDED 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
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Cc ( ORIGINAL Tionna Dolin (SBN 299010) e-mail: tdolin@slpattorney.com SUPERIOR COURT OF CAL JFORWIA Rabiya Tirmizi (SBN 334508) COUNTY OF 8,3 AN BERNARDINO e-mail: rtirmizi slpattorney.com Rosario Stoliker (SBN 328318) e-mail: rstoliker@sIpattorney.com oT 27 2023 STRATEGIC LEGAL PRACTICES A PROFESSIONAL CORPORATION 1888 Century Park East, 19 Floor , Los Angeles, CA 90067 BY Irielian Cuen, Deputy Telephone: (310) 929-4900 Facsimile: (310) 943-3838 Attorneys for Plaintiffs, 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.: CIVSB2228894 12 ROSA DAVILA, Case Initiated: December 30, 2022 13 Plaintiffs, vs. Hon. Winston Keh 14 Dept. $33 GENERAL MOTORS, LLC; and DOES 1 15 through 10, inclusive, PLAINTIFFS’ AMENDED NOTICE OF 16 MOTION TO COMPEL FURTHER Defendant. RESPONSES TO PLAINTIFFS’ 17 REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST 18 FOR MONETARY SANCTIONS FROM 19 DEFENDANT GENERAL MOTORS, LLC 20 [Filed concurrently with Memorandum of Points and Authorities in Support Thereof, 21 Declaration of Rosario Stoliker, Separate Statement and [Proposed] Order] 22 23 Date: November 2, 2023 Time: 8:30 a.m. 24 Dept.: S33 25 26 27 28 AMENDED NOTICE OF MOTION TO COMPEL FURTHER 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 November 2, 2023, at 8:30 a.m., in. in Department $33 of the San Bernardino Justice Center, San Bernardino Superior Court, located at 247 West Third Street, San Bernardino, CA, 92415, Plaintiffs MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA (“Plaintiffs”) will, and hereby does, move for an order to: (1) 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”); (2) produce all responsive documents corresponding to those Requests; and (3) for 10 monetary sanctions. 1 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 of the Defects plaguing Plaintiffs’ vehicle and establishing that Defendant previously 25 knew of such Defects but nevertheless refused to repurchase the vehicle. 26 To prove these allegations, Plaintiffs requested the following categories of documents 27 (some of which may overlap): 1 > 2 8 AMENDED 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