On December 30, 2022 a
Party Discovery
was filed
involving a dispute between
De La Rosa Davila, Lucia,
Rodriguez, Manuel,
and
Does 1-10,
General Motors,
General Motors, Llc,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
Mary Arens McBride, Esq.(SBN: 282459) SUPERIOR COURT OF CALIFORNIA
Alexandria O. Pappas, Esq. (SBN: 326149) COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
ERSKINE LAW GROUP, APC
AWN
1592 N. Batavia Street, Suite 1A 10/20/2023 3:41 PM
Orange, CA 92867 By: Betty Davidson, DEPUTY
Telephone: (949) 777-6032
Facsimile: (714) 844—9035
marensmcbride@erskinelaw.com
apappas@erskinelaw.com
Attorneys for Defendant,
\OOOQQUI
GENERAL MOTORS LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10
11
MANUEL RODRIGUEZ AND LUCIA DE Case No.2 CIVSB2228894
12 LA ROSA DAVILA,
Case Initiated: December 30, 2022
13 Plaintiffs,
Hon. Winston Keh
14
V.
Dept. S33
15
GENERAL MOTORS LLC; and DOES 1
GENERAL MOTORS LLC’S SEPARATE
16 through 10, inclusive,
STATEMENT IN SUPPORT OF
17
OPPOSITION TO PLAINTIFFS’ MOTION
Defendants.
TO COMPEL FURTHER RESPONSES TO
18 PLAINTIFFS’ REQUESTS FOR
PRODUCTION OF DOCUMENTS, SET
19 ONE AND REQUEST FOR MONETARY
20
SANCTIONS
21 Filed Concurrently With:
1) Memo 0f Points and Authorities
22 2) Declaration of Alexandria 0. Pappas
23
Date: November 2, 2023
24 Time: 8:30 a.m.
Dept: S33
25
26
27
28
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO. 1:
A11 DOCUMENTS regarding the SUBJECT VEHICLE that are maintained in YOUR
databases. [This request requires Defendant to search all of its databases that contain the subject
\DOOQONUI-bUJNH
vehicle’s VIN 3GCPWCEDOMG199448 and produce all associated With that VIN.]
RESPONSE TO REQUEST FOR PRODUCTION NO. 1:
GM objects to this Request on grounds it is overbroad, unduly burdensome, oppressive,
and seeks documents that are irrelevant and not reasonably calculated t0 lead t0 the discovery of
admissible evidence as it is not limited to the issues in this action. GM also objects to this
Request to the extent it seeks confidential, proprietary and trade secret information. GM further
objects this Request t0 the extent it seeks information protected by the attomey-client privilege
and/or work-product doctrine.
Subject to and without waiving any objections, GM will comply in part and produce the
following documents in its possession, custody and control: any repair orders that GM may have
obtained from GM-authorized dealerships Who may have serviced, maintained, 0r repaired the
NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—t
SUBJECT VEHICLE; any sales documents that GM may have obtained from the dealership that
sold the SUBJECT VEHICLE to Plaintiffs; and the factory invoice, Global Warranty History
OOQQUI-bUJNF—‘OKDOOQONUl-bUJNi—‘O
Report, any Service Request Activity Report(s), Repair Order Summary, and Repair Order Details
applicable to the SUBJECT VEHICLE.
REASONS WHY A FURTHER RESPONSE SHOULD NOT BE COMPELLED:
This is a breach of warranty action involving Plaintiffs’ purchase 0f a 2021 Chevrolet
Silverado 1500 (“Subject Vehicle” or “Silverado”). In direct contradiction of this narrow scope,
Plaintiffs seek all documents related t0 the unspecified, alleged “Defects” in GM vehicles, and
GM’s internal policies and procedures. Despite having already received hundreds of pages 0f
documents that are directly responsive t0 Plaintiffs’ Requests, Plaintiffs seek further responses
and even more documents. The discovery requests in question pertain to documents that relate t0
GENERAL MOTORS LLC’S SEPARATE STATEMENT IN SUPPORT OF OPPOSITION TO PLAINTIFFS’ MOTION
TO COMPEL FURTHER RESPONSES TO PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET
ONE AND REQUEST FOR MONETARY SANCTIONS
-1-
Document Filed Date
October 20, 2023
Case Filing Date
December 30, 2022
Category
Breach of Contract/Warranty Unlimited
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ELECTRONICALLY FILED Mary Arens McBride, Esq.(SBN: 282459) SUPERIOR COURT OF CALIFORNIA Alexandria O. Pappas, Esq. (SBN: 326149) COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT ERSKINE LAW GROUP, APC AWN 1592 N. Batavia Street, Suite 1A 10/20/2023 3:41 PM Orange, CA 92867 By: Betty Davidson, DEPUTY Telephone: (949) 777-6032 Facsimile: (714) 844—9035 marensmcbride@erskinelaw.com apappas@erskinelaw.com Attorneys for Defendant, \OOOQQUI GENERAL MOTORS LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 11 MANUEL RODRIGUEZ AND LUCIA DE Case No.2 CIVSB2228894 12 LA ROSA DAVILA, Case Initiated: December 30, 2022 13 Plaintiffs, Hon. Winston Keh 14 V. Dept. S33 15 GENERAL MOTORS LLC; and DOES 1 GENERAL MOTORS LLC’S SEPARATE 16 through 10, inclusive, STATEMENT IN SUPPORT OF 17 OPPOSITION TO PLAINTIFFS’ MOTION Defendants. TO COMPEL FURTHER RESPONSES TO 18 PLAINTIFFS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET 19 ONE AND REQUEST FOR MONETARY 20 SANCTIONS 21 Filed Concurrently With: 1) Memo 0f Points and Authorities 22 2) Declaration of Alexandria 0. Pappas 23 Date: November 2, 2023 24 Time: 8:30 a.m. Dept: S33 25 26 27 28 REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO. 1: A11 DOCUMENTS regarding the SUBJECT VEHICLE that are maintained in YOUR databases. [This request requires Defendant to search all of its databases that contain the subject \DOOQONUI-bUJNH vehicle’s VIN 3GCPWCEDOMG199448 and produce all associated With that VIN.] RESPONSE TO REQUEST FOR PRODUCTION NO. 1: GM objects to this Request on grounds it is overbroad, unduly burdensome, oppressive, and seeks documents that are irrelevant and not reasonably calculated t0 lead t0 the discovery of admissible evidence as it is not limited to the issues in this action. GM also objects to this Request to the extent it seeks confidential, proprietary and trade secret information. GM further objects this Request t0 the extent it seeks information protected by the attomey-client privilege and/or work-product doctrine. Subject to and without waiving any objections, GM will comply in part and produce the following documents in its possession, custody and control: any repair orders that GM may have obtained from GM-authorized dealerships Who may have serviced, maintained, 0r repaired the NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—t SUBJECT VEHICLE; any sales documents that GM may have obtained from the dealership that sold the SUBJECT VEHICLE to Plaintiffs; and the factory invoice, Global Warranty History OOQQUI-bUJNF—‘OKDOOQONUl-bUJNi—‘O Report, any Service Request Activity Report(s), Repair Order Summary, and Repair Order Details applicable to the SUBJECT VEHICLE. REASONS WHY A FURTHER RESPONSE SHOULD NOT BE COMPELLED: This is a breach of warranty action involving Plaintiffs’ purchase 0f a 2021 Chevrolet Silverado 1500 (“Subject Vehicle” or “Silverado”). In direct contradiction of this narrow scope, Plaintiffs seek all documents related t0 the unspecified, alleged “Defects” in GM vehicles, and GM’s internal policies and procedures. Despite having already received hundreds of pages 0f documents that are directly responsive t0 Plaintiffs’ Requests, Plaintiffs seek further responses and even more documents. The discovery requests in question pertain to documents that relate t0 GENERAL MOTORS LLC’S SEPARATE STATEMENT IN SUPPORT OF OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR MONETARY SANCTIONS -1-