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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CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
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FLETES BERNAL,
12 Complaint Filed: February 17, 2023
Plaintiffs,
13 AMENDED NOTICE OF MOTION
vs. AND MOTION TO COMPEL
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RESPONSES BY GENERAL
15 GOLD START MOTORS, INC.; GENERAL MOTORS, LLC TO PLAINTIFF’S
MOTORS, LLC.; COASTHILLS CREDIT REQUEST FOR PRODUCTION OF
16 UNION; DOES 1 through 100, Inclusive, DOCUMENTS, SET ONE;
DECLARATON OF DAVID A.
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Defendants. COOPER
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Date: December 15, 2023
19 Time: 8:30 AM
20 Dept: 15
21 Trial: None
TO THE HONORABLE COURT, PARTIES AND THEIR COUNSEL OF RECORD:
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PLEASE TAKE NOTICE that on December 15, 2023, at 8:30 A.M., or as soon thereafter
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as counsel may be heard, in Department 15 of the Monterey County Superior Court, located at
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1200 Aguajito Road, Monterey, California 93940, Plaintiff will move this Court for an Order
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compelling defendant General Motors, LLC (“GM”) to serve verified responses to Plaintiff’s
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Request for Production of Documents, Set One. This motion is made pursuant to California Code
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL
MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS,
SET ONE
1 of Civil Procedure §2031.260(a) (responses) and §2031.280(b) (documents) on the grounds that
2 GM has failed to respond to the Request for Production of Documents, Set One.
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: November 17, 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, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS,
SET ONE
1 MEMORANDUM OF POINTS AND AUTHORITIEIS
2 I. RELEVANT FACTUAL ALLEGATIONS
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 Limited vehicle bearing VIN
5 3GTP9EELXNG216770 (“Vehicle”) for $93,197. The Vehicle was sold Defendant General
6 Motors, LLC.s (“GM”) express warranty covering all systems for the earlier of 3-years or 36,000
7 miles and certain “powertrain” components for the earlier of 5-years or 60,000 miles. The Vehicle
8 has a manufacturing defect that causes the audio features to malfunction. Plaintiff presented the
9 Vehicle on August 18, 2022, with 5,784 miles on the odometer, because the audio screen would
10 turn of when using the “car-play” feature. Dealer’s Technicians performed an update on the
11 Vehicle’s software. However, the malfunction continued. On December 5, 2022, with 12,567 miles
12 on the odometer, Plaintiff presented the Vehicle to a different GM authorized repair facility, Jessup
13 Auto Plaza, reporting again that the audio screen would turn off when Plaintiff was using the “car-
14 play” feature, or when using the navigation system. Technicians again performed a software
15 update, but the malfunction continues in the same manner.
16 II. RELEVENT DISCOVERY HISTORY
17 Plaintiff propounded Request for Production of Documents, Set One, to GM on April 18,
18 2023. (See Exhibits A and B to the Declaration of David Alan Cooer (“Cooper Decl.”). The
19 statutory time for GM to respond was May 22, 2023, but Plaintiff received no responses (Cooper
20 Decl. ¶ 3). Plaintiff’s Counsel’s paralegal e-mailed GM’s Counsel on May 30, 2023, inquiring
21 about the missing discovery responses and noting that unless they had been mailed, then objections
22 had been waived. (Exhibit C) Counsel for the GM responded on May 30, 2023, discussed multiple
23 matters for which discovery responses were overdue, including the instant matter specifically
24 (Cooper Decl. ¶ 5). GM’s counsel on May 30, 2023, promised to serve responses in the pending
25 matters in which GM was a defendant by June 30, 2023. (Exhibit D). On July 12, 2023, Counsel
26 for GM reached out and requested an extension of their deadline to serve responses. Plaintiff’s
27 Counsel granted GM a two-week extension, up to July 26, 2023, to serve verified responses
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL
MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS,
SET ONE
1 (Exhibit E). Despite extending these courtesies to GM and their counsel, Plaintiff to date has not
2 received any response to any of their written discovery (Cooper Decl. ¶ 7).
3 III. GM SHOULD BE ORDERED TO RESPOND TO DISCOVERY
4 When a party has completely failed to respond to discovery, there is no statutory meet
5 and confer requirement or separate statement requirement. The party failing to respond is simply
6 delinquent and subject to an order compelling responses under California Code of Civil
7 Procedure (“CCP”) §2030.290(a) and (b).
8 The standard Plaintiff must meet in their moving papers is that (1) a set of discovery was
9 properly served on the opposing party, (2) that the time to respond as expired, (3) and that no
10 response of any kind has been served. See Leach v. Sup.Ct. (1980) 111 Cal. App. 3d 902, 905-
11 906. A “separate statement is not required when no response has been provided to the request for
12 discovery.” Cal. Rules of Court, Rule 3.1345(b). “One of the principal purposes of the Discovery
13 Act (Code of Civil Procedure §§ 2016 – 2035) is to enable a party to obtain evidence in the
14 control of his or her adversary in order to further the efficient, economical disposition of cases
15 according to right and justice on the merits.” Caryl Richards, Inc. v. Sup. Ct. of Los Angeles
16 Cnty. (1961) 188 Cal. App. 2d 300, 303 (emphasis added). “The statute is to be liberally
17 interpreted so that it may accomplish its purpose.” Id.
18 WHEREFORE, Plaintiff seeks an Order compelling GM to serve verified discovery
19 responses and responsive documents concerning Plaintiff’s Request for Production of Documents,
20 Set One, within 10 day of the Court’ Order.
21 Dated: November 17, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
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By: __________________________________________
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Robert B. Mobasseri
24 David Alan Cooper
Attorneys for Plaintiffs, CRISTOBAL FLETES
25 AND OSCAR ISIDRO FLETES BERNAL
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL
MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS,
SET ONE
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 One.
10 2. On April 18, 2023, at my express instructions, Steven A. Berkowitz, a paralegal
11 employee of the Law Offices of Robert B. Mobasseri, PC, served Request for Production of
12 Documents, Set One, to GM’s attorney of record. A true and correct copy of Mr. Berkowitz’s
13 service e-mail is attached as Exhibit A. True and correct copies of the Special Interrogatories are
14 attached as Exhibit B.
15 3. Responses were due by March 22, 2023, but I received no response from GM.
16 4. On May 30, 2023, at my specific direction, my paralegal sent an e-mail to GM’s counsel
17 inquiring about the missing discovery responses and noting that, unless they had been mailed,
18 then objections were waived. A true and correct copy of that email is attached as Exhibit C.
19 5. Counsel for GM represents GM in numerous lemon law matters brought by my office. In
20 connection with some six cases, all the discovery had been ignored. While discussing this case,
21 Fletes v. GM, et al, counsel for GM assured me that all of the pending discovery in the lawsuits
22 brought by our office against GM would be responded to by June 30, 2023. A true and correct
23 copy of this email is attached as Exhibit D
24 6. On July 12, 2023, Counsel for GM reached out by e-mail and requested additional time to
25 serve responses to discovery. I granted them an extension up to July 26, 2023. A true and correct
26 copy of this e-mail exchange is attached as Exhibit E.
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL
MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS,
SET ONE
1 7. To date I have not received discovery responses for this matter, nor for any of the other
2 matters either.
3 I declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct. Executed this 17th day of November, 2023.
5 ____________________________________
6 David Alan Cooper
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NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL
MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS,
SET ONE
EXHIBIT A
Jim Stone
From: Steve Berkowitz
Sent: Tuesday, April 18, 2023 10:00 AM
To: 'marens@erskinelaw.com'
Subject: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
Attachments: P's FI-01 to MFG.pdf; P's RPD-01 to MFG.pdf; P's SI-01 to MFG.pdf; P's RFA-01 to MFG.pdf; POS.pdf
Counsel: Please see attached.
Regards,
Steven A. Berkowitz
Case Manager
LAW OFFICES OF ROBERT B. MOBASSERI, PC
15760 Ventura Boulevard, Suite 850
Encino, CA 91436
Direct Line: (213) 267‐8119
Fax:(213) 282‐3000
Email: steve@mobasseripc.com
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EXHIBIT B
1 Robert B. Mobasseri (SBN 193193)
David A. Cooper (SBN 190203)
2 LAW OFFICES OF ROBERT B. MOBASSERI, PC
3 1055 West 7th Street, Suite 2140
Los Angeles, California 90071
4 Tele: (213) 282-2000 | Fax: (213) 282-3000
Eservice@mobasserilaw.com
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Attorneys for Plaintiffs
6 CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL
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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
12 FLETES BERNAL, [Assigned for all purposes to the, Dept.]
13 Plaintiffs, PLAINTIFFS CRISTOBAL FLETES
14 AND OSCAR ISIDRO FLETES
vs. BERNAL’S REQUEST FOR
15 PRODUCTION OF DOCUMENTS, SET
GOLD START MOTORS, INC.; GENERAL ONE PROPOUNDED TO DEFENDANT
16 MOTORS, LLC.; COASTHILLS CREDIT GENERAL MOTORS, LLC.
17 UNION; DOES 1 through 100, Inclusive,
DATE: May 22, 2023
18 Defendants. TIME: 12:00 P.M.
19 LOCATION: Law Offices of Robert B.
Mobasseri, PC, 1055 W. 7th Street, #2140,
20 Los Angeles, CA 90017
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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: One
26 Propounding Party requests responses pursuant to California Code of Civil Procedure
27 section 2031.010, et seq. to the following. Copies of the requested documents should be produced
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REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL
MOTORS, LLC.
1 at the Law Offices of Robert B. Mobasseri, PC, at 1055 W. 7th Street, Suite 2140, Los Angeles,
2 California 90017. If any of the materials requested are claimed to be privileged, please list the
3 following information for each item claimed to be privileged:
4 (a) A brief description of the nature and contents of the matter claimed to be privileged;
5 (b) The name, occupation and capacity of the individual from whom the privileged
6 matter emanated;
7 (c) The name, occupation and capacity of the individual to whom the privileged matter
8 was directed;
9 (d) The date the item bears; and
10 (e) The privilege claimed.
11 DEFINITIONS
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13 “AUTHORIZED REPAIR FACILITY(IES)” or “AUTHORIZED SERVICE
14 DEALER(S)” refers to any and all repair facilities authorized to perform repairs and services to
15 the vehicle which is the subject of the instant claims.
16 “AUTHORIZED SELLING DEALER” means any individual, partnership, corporation,
17 association, or other legal entity that engages in the business of selling or leasing the type of vehicle
18 which is the subject of the instant claims.
19 “COMMUNICATION(S)” means the transmittal or receipt in any and every manner, of
20 facts, information, opinion, ideas, inquiries or otherwise orally, by document or copy thereof or
21 otherwise.
22 “DEALER” refers to the defendant dealership named in the current lawsuit.
23 “DOCUMENT(S)” means a writing, as defined in Evidence Code §250, and includes the
24 original or a copy of a handwritten, typewritten, printed, photostat, photograph and every other
25 means of recording upon any tangible thing and form of communicating or representation,
26 including letters, memos, words, pictures, or combinations thereof and including but not limited
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REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL
MOTORS, LLC.
1 to emails, text messages, instant messaging, transcribed voice recordings, and written or visual
2 smartphone communications of any type.
3 “IDENTIFY” or “IDENTITY(IES)” refers to providing the current or last known name,
4 address, phone number, and e-mail address of a person or entity with enough information to serve
5 a subpoena.
6 “INCIDENT” refers to the sale of the subject vehicle to Propounding Party.
7 “MANUFACTURER” as used herein refers to the manufacturer and/or distributor of the
8 vehicle which is the subject of the instant claims.
9 “PERSON(S)” means and includes natural persons, corporations, partnerships, firms,
10 associations, organizations, businesses, trusts, or any type of entity, and agents, servants,
11 employees and representatives thereof.
12 “PHOTOGRAPHS” where requested requires production of duplicate originals or laser
13 copies.
14 “PLAINTIFF” or “CONSUMER” or “PROPOUNDING PARTY” as used herein refers to
15 Propounding Party as identified above.
16 “PURCHASE DATE” or “LEASE DATE” or “DATE OF THE TRANSACTION” refers
17 to the date when Propounding Party purchased or leased the vehicle which is the subject of the
18 instant claims.
19 “VEHICLE” refers to the vehicle which is the subject of the instant claims.
20 “WRITING” is intended to mean writing as it is defined by California Evidence Code §
21 250.
22 “YOU,” “YOUR,” or “RESPONDING PARTY” refers to Responding Party as identified
23 above, plus their agents and employees and anyone else acting on the Responding Party’s behalf.
24 //
25 //
26 //
27 //
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REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL
MOTORS, LLC.
1 REQUESTS FOR PRODUCTION OF DOCUMENTS
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3 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1:
4 All DOCUMENTS comprising any inspection report for the VEHICLE at any time.
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6 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2:
7 All DOCUMENTS generated during any inspection of the VEHICLE at any time,
8 including but not limited to emissions reports, diagnostic scan reports, diagnostic trouble code
9 reports, OBD-II scan reports, electronic control unit reports, electronic control module reports,
10 powertrain control module reports, transmission control module reports, diagnostic trouble code
11 reports, inspection checklists, safety-check reports, technician stories, and technician notes.
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13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3:
14 All DOCUMENTS indicating damage to the VEHICLE due to vandalism or accident.
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16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4:
17 Every PHOTOGRAPH YOU have of the VEHICLE.
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19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5:
20 Every video recording YOU have of the VEHICLE.
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22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6:
23 All DOCUMENTS comprising the warranty repair history for the VEHICLE.
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25 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7:
26 All DOCUMENTS comprising the maintenance history for the VEHICLE.
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REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL
MOTORS, LLC.
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8:
2 If YOU contend that the conduct of any person besides YOU contributed to the losses or
3 damages claimed herein, please product all DOCUMENTS which support that contention.
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5 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9:
6 All DOCUMENTS comprising COMMUNICATIONS between YOU and
7 PROPOUNDING PARTY.
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9 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10:
10 All DOCUMENTS comprising COMMUNICATIONS between YOU and any dealer
11 concerning the VEHICLE, excluding communications between counsel.
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13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11:
14 All DOCUMENTS stating the terms of any express warranty for the VEHICLE.
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16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12:
17 Every technical service bulletin for the VEHICLE related to the symptoms alleged by
18 PLAINTIFF in this litigation.
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20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13:
21 Every recall notice for the VEHICLE related to the symptoms alleged by PLAINTIFF in
22 this litigation.
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24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14:
25 Every campaign for the VEHICLE related to the symptoms alleged by PLAINTIFF in this
26 litigation.
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REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL
MOTORS, LLC.
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15:
2 The owner’s manual for the VEHICLE.
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4 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16:
5 All express warranties for the VEHICLE.
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7 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17:
8 All repair orders for the VEHICLE sent to you by any dealership.
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10 Dated: April 17, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, PC
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12 By: ________________________________________
David A. Cooper, Esq.
13 Attorneys for Plaintiff
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REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL
MOTORS, LLC.
EXHIBIT C
Jim Stone
From: Jim Stone
Sent: Tuesday, May 30, 2023 9:07 AM
To: 'marens@erskinelaw.com'
Cc: David Cooper
Subject: RE: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
Dear Counsel,
Our records indicate your office was served with discovery requests on April 18, 2023. Responses were due on May 22,
2023, but we have no record of receiving them. Were they mailed? If not, then objections have been waived.
Please provide responses by June 13, 2023.
Thank you,
James D. Stone, Paralegal
LAW OFFICE OF ROBERT B. MOBASSERI, A.P.C.
We Have Moved
15760 Ventura Boulevard
Suite 850
Los Angeles, CA 91436
Telephone Direct: (213) 267-8072
Firm: (213) 282-2000
Facsimile: (213) 282-3000
Confidentiality Notice: This e-mail transmission and all documents, files or previous e-mail messages attached may contain
information that is confidential or legally privileged. If you are not the recipient or a person responsible for delivering it to the
intended recipient, you are hereby notified that you must not read this transmission. Further, any disclosure, copy, printing,
distribution or use of any of the information contained in or attached to this transmission is Strictly Prohibited. If you have received
this transmission in error, please notify the sender by telephone or return e-mail immediately, and delete the original transmission and
its attachments without reading or saving in any manner. No ex parte notice is accepted through this e-mail. Thank you.
From: Steve Berkowitz
Sent: Tuesday, April 18, 2023 10:00 AM
To: 'marens@erskinelaw.com'
Subject: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
Counsel: Please see attached.
Regards,
Steven A. Berkowitz
Case Manager
LAW OFFICES OF ROBERT B. MOBASSERI, PC
15760 Ventura Boulevard, Suite 850
Encino, CA 91436
Direct Line: (213) 267‐8119
Fax:(213) 282‐3000
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Email: steve@mobasseripc.com
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EXHIBIT D
Jim Stone
From: Mary Arens-McBride
Sent: Tuesday, May 30, 2023 2:29 PM
To: Jim Stone; David Funk; Chrissy Stischok
Cc: David Cooper; EService CA
Subject: Re: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
Counsel - Just to make sure we are on the same page, we are calendaring GM's response deadline as 6/30 based
on the fact that our e-service only received the discovery today when I copied them on it. I believe our e-
service agreement allows for two additional days and is treated as though served by overnight mail per the
code. We will calendar the same deadline for the other sets of discovery also at issue today as well.
Thank you.
Mary Lynn Arens McBride
Erskine Law Group
1592 N. Batavia St., Ste 1A
Orange, CA 92867
949-777-6032 (Main)
657-999-0117 (Direct)
Fax - 714-844-9035
marensmcbride@erskinelaw.com
The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for
the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication
is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful.
If you have received this communication in error, please immediately notify the sender by return e-mail, and
delete the original message and all copies from your system.
From: Mary Arens‐McBride
Sent: Tuesday, May 30, 2023 10:12 AM
To: Jim Stone ; David Funk ; Chrissy Stischok
Cc: David Cooper ; EService CA
Subject: Re: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
Counsel -
We do not accept electronic service of items to personal email addresses. We have a specific e-service email
which has been previously conveyed to your office and it is the only mechanism by which we accept e-service.
Our e-service email is listed above in the distribution list now.
As a courtesy, I will ask our e-service team to process the discovery requests as having been delivered today.
Please make sure to serve only our e-service email going forward. Thank you.
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Mary Lynn Arens McBride
Erskine Law Group
1592 N. Batavia St., Ste 1A
Orange, CA 92867
949-777-6032 (Main)
657-999-0117 (Direct)
Fax - 714-844-9035
marensmcbride@erskinelaw.com
The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for
the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication
is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful.
If you have received this communication in error, please immediately notify the sender by return e-mail, and
delete the original message and all copies from your system.
From: Jim Stone
Sent: Tuesday, May 30, 2023 9:06 AM
To: Mary Arens
Cc: David Cooper
Subject: RE: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
CAUTION: This email originated from outside of Erskine Law. Do not click or open any attachments unless you recognize the sender and know
the content is safe.
Dear Counsel,
Our records indicate your office was served with discovery requests on April 18, 2023. Responses were due on May 22,
2023, but we have no record of receiving them. Were they mailed? If not, then objections have been waived.
Please provide responses by June 13, 2023.
Thank you,
James D. Stone, Paralegal
LAW OFFICE OF ROBERT B. MOBASSERI, A.P.C.
We Have Moved
15760 Ventura Boulevard
Suite 850
Los Angeles, CA 91436
Telephone Direct: (213) 267-8072
Firm: (213) 282-2000
Facsimile: (213) 282-3000
Confidentiality Notice: This e-mail transmission and all documents, files or previous e-mail messages attached may contain
information that is confidential or legally privileged. If you are not the recipient or a person responsible for delivering it to the
intended recipient, you are hereby notified that you must not read this transmission. Further, any disclosure, copy, printing,
distribution or use of any of the information contained in or attached to this transmission is Strictly Prohibited. If you have received
this transmission in error, please notify the sender by telephone or return e-mail immediately, and delete the original transmission and
its attachments without reading or saving in any manner. No ex parte notice is accepted through this e-mail. Thank you.
2
From: Steve Berkowitz
Sent: Tuesday, April 18, 2023 10:00 AM
To: 'marens@erskinelaw.com'
Subject: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached
Counsel: Please see attached.
Regards,
Steven A. Berkowitz
Case Manager
LAW OFFICES OF ROBERT B. MOBASSERI, PC
15760 Ventura Boulevard, Suite 850
Encino, CA 91436
Direct Line: (213) 267‐8119
Fax:(213) 282‐3000
Email: steve@mobasseripc.com
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EXHIBIT E
Jim Stone
From: David Cooper
Sent: Wednesday, July 12, 2023 11:04 AM
To: 'Chrissy Stischok'
Cc: David Funk; Jim Stone
Subject: RE: Fletes v. GM
Chrissy, this is long overdue. I’ll give an extension of two weeks from today, after which I’ll have to start the MTC or IDC
process.
David Cooper, Esq.
LAW OFFICES OF ROBERT B. MOBASSERI, A P.C.
15760 Ventura Blvd., Suite 850
Encino, California 91436
Firm: (213) 282-2000
Facsimile: (213) 282-3000
From: Chrissy Stischok
Sent: Wednesday, July 12, 2023 10:48 AM
To: David Cooper
Subject: Fletes v. GM
Hi Mr. Cooper,
We have discovery due in this case. Can I please have an extension until August 1, 2023? Please let me know.
Thanks!
Christina L. Stischok
Paralegal
612 W. University Drive
Rochester | Michigan | 48307
P: (248) 601.4499
F: (248) 601.4497
email: cstischok@erskinelaw.com
Direct: (248) 550‐0115
The information contained in this electronic e‐mail and any accompanying attachment(s) is intended only for the use of
the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the
intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have
1
received this communication in error, please immediately notify the sender by return e‐mail, and delete the original
message and all copies from your system.
2
PROOF OF SERVICE
I, Steven A. Berkowitz, 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 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436.
On November 17, 2023, I served the AMENDED NOTICE OF MOTION AND MOTION
TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; DECLARATON OF
DAVID A. COOPER on the interested parties in the within action, as follows:
Mary Lynn Arens McBride, Esq. Attorneys for Defendant,
Cameron Major, Esq. General Motors LLC
THE ERSKINE LAW GROUP, PC
1576 N. Batavia St., Suite A
Orange, CA 92867
Tel: (949) 777-6032/Fax: (714) 844-9035
Email: marensmcbride@erskinelaw.com
Email: EService-CA@erskinelaw.com
__X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be
sent from the email address steve@mobasserilaw.com to the persons listed above at their
respective email 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.
__X__ STATE: I declare under penalty of perjury under the laws of the State of California that
the foregoing it true and correct.
Executed on November 17, 2023, at Los Angeles, California.
/s/_____________________________________
Steven A. Berkowitz
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 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 11 FLETES BERNAL, 12 Complaint Filed: February 17, 2023 Plaintiffs, 13 AMENDED NOTICE OF MOTION vs. AND MOTION TO COMPEL 14 RESPONSES BY GENERAL 15 GOLD START MOTORS, INC.; GENERAL MOTORS, LLC TO PLAINTIFF’S MOTORS, LLC.; COASTHILLS CREDIT REQUEST FOR PRODUCTION OF 16 UNION; DOES 1 through 100, Inclusive, DOCUMENTS, SET ONE; DECLARATON OF DAVID A. 17 Defendants. COOPER 18 Date: December 15, 2023 19 Time: 8:30 AM 20 Dept: 15 21 Trial: None TO THE HONORABLE COURT, PARTIES AND THEIR COUNSEL OF RECORD: 22 PLEASE TAKE NOTICE that on December 15, 2023, at 8:30 A.M., or as soon thereafter 23 as counsel may be heard, in Department 15 of the Monterey County Superior Court, located at 24 1200 Aguajito Road, Monterey, California 93940, Plaintiff will move this Court for an Order 25 compelling defendant General Motors, LLC (“GM”) to serve verified responses to Plaintiff’s 26 Request for Production of Documents, Set One. This motion is made pursuant to California Code 27 28 1 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 of Civil Procedure §2031.260(a) (responses) and §2031.280(b) (documents) on the grounds that 2 GM has failed to respond to the Request for Production of Documents, Set One. 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: November 17, 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, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 MEMORANDUM OF POINTS AND AUTHORITIEIS 2 I. RELEVANT FACTUAL ALLEGATIONS 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 Limited vehicle bearing VIN 5 3GTP9EELXNG216770 (“Vehicle”) for $93,197. The Vehicle was sold Defendant General 6 Motors, LLC.s (“GM”) express warranty covering all systems for the earlier of 3-years or 36,000 7 miles and certain “powertrain” components for the earlier of 5-years or 60,000 miles. The Vehicle 8 has a manufacturing defect that causes the audio features to malfunction. Plaintiff presented the 9 Vehicle on August 18, 2022, with 5,784 miles on the odometer, because the audio screen would 10 turn of when using the “car-play” feature. Dealer’s Technicians performed an update on the 11 Vehicle’s software. However, the malfunction continued. On December 5, 2022, with 12,567 miles 12 on the odometer, Plaintiff presented the Vehicle to a different GM authorized repair facility, Jessup 13 Auto Plaza, reporting again that the audio screen would turn off when Plaintiff was using the “car- 14 play” feature, or when using the navigation system. Technicians again performed a software 15 update, but the malfunction continues in the same manner. 16 II. RELEVENT DISCOVERY HISTORY 17 Plaintiff propounded Request for Production of Documents, Set One, to GM on April 18, 18 2023. (See Exhibits A and B to the Declaration of David Alan Cooer (“Cooper Decl.”). The 19 statutory time for GM to respond was May 22, 2023, but Plaintiff received no responses (Cooper 20 Decl. ¶ 3). Plaintiff’s Counsel’s paralegal e-mailed GM’s Counsel on May 30, 2023, inquiring 21 about the missing discovery responses and noting that unless they had been mailed, then objections 22 had been waived. (Exhibit C) Counsel for the GM responded on May 30, 2023, discussed multiple 23 matters for which discovery responses were overdue, including the instant matter specifically 24 (Cooper Decl. ¶ 5). GM’s counsel on May 30, 2023, promised to serve responses in the pending 25 matters in which GM was a defendant by June 30, 2023. (Exhibit D). On July 12, 2023, Counsel 26 for GM reached out and requested an extension of their deadline to serve responses. Plaintiff’s 27 Counsel granted GM a two-week extension, up to July 26, 2023, to serve verified responses 28 3 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 (Exhibit E). Despite extending these courtesies to GM and their counsel, Plaintiff to date has not 2 received any response to any of their written discovery (Cooper Decl. ¶ 7). 3 III. GM SHOULD BE ORDERED TO RESPOND TO DISCOVERY 4 When a party has completely failed to respond to discovery, there is no statutory meet 5 and confer requirement or separate statement requirement. The party failing to respond is simply 6 delinquent and subject to an order compelling responses under California Code of Civil 7 Procedure (“CCP”) §2030.290(a) and (b). 8 The standard Plaintiff must meet in their moving papers is that (1) a set of discovery was 9 properly served on the opposing party, (2) that the time to respond as expired, (3) and that no 10 response of any kind has been served. See Leach v. Sup.Ct. (1980) 111 Cal. App. 3d 902, 905- 11 906. A “separate statement is not required when no response has been provided to the request for 12 discovery.” Cal. Rules of Court, Rule 3.1345(b). “One of the principal purposes of the Discovery 13 Act (Code of Civil Procedure §§ 2016 – 2035) is to enable a party to obtain evidence in the 14 control of his or her adversary in order to further the efficient, economical disposition of cases 15 according to right and justice on the merits.” Caryl Richards, Inc. v. Sup. Ct. of Los Angeles 16 Cnty. (1961) 188 Cal. App. 2d 300, 303 (emphasis added). “The statute is to be liberally 17 interpreted so that it may accomplish its purpose.” Id. 18 WHEREFORE, Plaintiff seeks an Order compelling GM to serve verified discovery 19 responses and responsive documents concerning Plaintiff’s Request for Production of Documents, 20 Set One, within 10 day of the Court’ Order. 21 Dated: November 17, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 22 By: __________________________________________ 23 Robert B. Mobasseri 24 David Alan Cooper Attorneys for Plaintiffs, CRISTOBAL FLETES 25 AND OSCAR ISIDRO FLETES BERNAL 26 27 28 4 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 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 One. 10 2. On April 18, 2023, at my express instructions, Steven A. Berkowitz, a paralegal 11 employee of the Law Offices of Robert B. Mobasseri, PC, served Request for Production of 12 Documents, Set One, to GM’s attorney of record. A true and correct copy of Mr. Berkowitz’s 13 service e-mail is attached as Exhibit A. True and correct copies of the Special Interrogatories are 14 attached as Exhibit B. 15 3. Responses were due by March 22, 2023, but I received no response from GM. 16 4. On May 30, 2023, at my specific direction, my paralegal sent an e-mail to GM’s counsel 17 inquiring about the missing discovery responses and noting that, unless they had been mailed, 18 then objections were waived. A true and correct copy of that email is attached as Exhibit C. 19 5. Counsel for GM represents GM in numerous lemon law matters brought by my office. In 20 connection with some six cases, all the discovery had been ignored. While discussing this case, 21 Fletes v. GM, et al, counsel for GM assured me that all of the pending discovery in the lawsuits 22 brought by our office against GM would be responded to by June 30, 2023. A true and correct 23 copy of this email is attached as Exhibit D 24 6. On July 12, 2023, Counsel for GM reached out by e-mail and requested additional time to 25 serve responses to discovery. I granted them an extension up to July 26, 2023. A true and correct 26 copy of this e-mail exchange is attached as Exhibit E. 27 28 5 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 7. To date I have not received discovery responses for this matter, nor for any of the other 2 matters either. 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. Executed this 17th day of November, 2023. 5 ____________________________________ 6 David Alan Cooper 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE EXHIBIT A Jim Stone From: Steve Berkowitz Sent: Tuesday, April 18, 2023 10:00 AM To: 'marens@erskinelaw.com' Subject: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached Attachments: P's FI-01 to MFG.pdf; P's RPD-01 to MFG.pdf; P's SI-01 to MFG.pdf; P's RFA-01 to MFG.pdf; POS.pdf Counsel: Please see attached. Regards, Steven A. Berkowitz Case Manager LAW OFFICES OF ROBERT B. MOBASSERI, PC 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 Direct Line: (213) 267‐8119 Fax:(213) 282‐3000 Email: steve@mobasseripc.com 1 EXHIBIT B 1 Robert B. Mobasseri (SBN 193193) David A. Cooper (SBN 190203) 2 LAW OFFICES OF ROBERT B. MOBASSERI, PC 3 1055 West 7th Street, Suite 2140 Los Angeles, California 90071 4 Tele: (213) 282-2000 | Fax: (213) 282-3000 Eservice@mobasserilaw.com 5 Attorneys for Plaintiffs 6 CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 12 FLETES BERNAL, [Assigned for all purposes to the, Dept.] 13 Plaintiffs, PLAINTIFFS CRISTOBAL FLETES 14 AND OSCAR ISIDRO FLETES vs. BERNAL’S REQUEST FOR 15 PRODUCTION OF DOCUMENTS, SET GOLD START MOTORS, INC.; GENERAL ONE PROPOUNDED TO DEFENDANT 16 MOTORS, LLC.; COASTHILLS CREDIT GENERAL MOTORS, LLC. 17 UNION; DOES 1 through 100, Inclusive, DATE: May 22, 2023 18 Defendants. TIME: 12:00 P.M. 19 LOCATION: Law Offices of Robert B. Mobasseri, PC, 1055 W. 7th Street, #2140, 20 Los Angeles, CA 90017 21 22 PROPOUNDING PARTY: Plaintiffs CRISTOBAL FLETES AND OSCAR ISIDRO FLETES 23 BERNAL 24 RESPONDING PARTY: Defendant GENERAL MOTORS, LLC. 25 SET NUMBER: One 26 Propounding Party requests responses pursuant to California Code of Civil Procedure 27 section 2031.010, et seq. to the following. Copies of the requested documents should be produced 28 1 REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL MOTORS, LLC. 1 at the Law Offices of Robert B. Mobasseri, PC, at 1055 W. 7th Street, Suite 2140, Los Angeles, 2 California 90017. If any of the materials requested are claimed to be privileged, please list the 3 following information for each item claimed to be privileged: 4 (a) A brief description of the nature and contents of the matter claimed to be privileged; 5 (b) The name, occupation and capacity of the individual from whom the privileged 6 matter emanated; 7 (c) The name, occupation and capacity of the individual to whom the privileged matter 8 was directed; 9 (d) The date the item bears; and 10 (e) The privilege claimed. 11 DEFINITIONS 12 13 “AUTHORIZED REPAIR FACILITY(IES)” or “AUTHORIZED SERVICE 14 DEALER(S)” refers to any and all repair facilities authorized to perform repairs and services to 15 the vehicle which is the subject of the instant claims. 16 “AUTHORIZED SELLING DEALER” means any individual, partnership, corporation, 17 association, or other legal entity that engages in the business of selling or leasing the type of vehicle 18 which is the subject of the instant claims. 19 “COMMUNICATION(S)” means the transmittal or receipt in any and every manner, of 20 facts, information, opinion, ideas, inquiries or otherwise orally, by document or copy thereof or 21 otherwise. 22 “DEALER” refers to the defendant dealership named in the current lawsuit. 23 “DOCUMENT(S)” means a writing, as defined in Evidence Code §250, and includes the 24 original or a copy of a handwritten, typewritten, printed, photostat, photograph and every other 25 means of recording upon any tangible thing and form of communicating or representation, 26 including letters, memos, words, pictures, or combinations thereof and including but not limited 27 28 2 REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL MOTORS, LLC. 1 to emails, text messages, instant messaging, transcribed voice recordings, and written or visual 2 smartphone communications of any type. 3 “IDENTIFY” or “IDENTITY(IES)” refers to providing the current or last known name, 4 address, phone number, and e-mail address of a person or entity with enough information to serve 5 a subpoena. 6 “INCIDENT” refers to the sale of the subject vehicle to Propounding Party. 7 “MANUFACTURER” as used herein refers to the manufacturer and/or distributor of the 8 vehicle which is the subject of the instant claims. 9 “PERSON(S)” means and includes natural persons, corporations, partnerships, firms, 10 associations, organizations, businesses, trusts, or any type of entity, and agents, servants, 11 employees and representatives thereof. 12 “PHOTOGRAPHS” where requested requires production of duplicate originals or laser 13 copies. 14 “PLAINTIFF” or “CONSUMER” or “PROPOUNDING PARTY” as used herein refers to 15 Propounding Party as identified above. 16 “PURCHASE DATE” or “LEASE DATE” or “DATE OF THE TRANSACTION” refers 17 to the date when Propounding Party purchased or leased the vehicle which is the subject of the 18 instant claims. 19 “VEHICLE” refers to the vehicle which is the subject of the instant claims. 20 “WRITING” is intended to mean writing as it is defined by California Evidence Code § 21 250. 22 “YOU,” “YOUR,” or “RESPONDING PARTY” refers to Responding Party as identified 23 above, plus their agents and employees and anyone else acting on the Responding Party’s behalf. 24 // 25 // 26 // 27 // 28 3 REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL MOTORS, LLC. 1 REQUESTS FOR PRODUCTION OF DOCUMENTS 2 3 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1: 4 All DOCUMENTS comprising any inspection report for the VEHICLE at any time. 5 6 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2: 7 All DOCUMENTS generated during any inspection of the VEHICLE at any time, 8 including but not limited to emissions reports, diagnostic scan reports, diagnostic trouble code 9 reports, OBD-II scan reports, electronic control unit reports, electronic control module reports, 10 powertrain control module reports, transmission control module reports, diagnostic trouble code 11 reports, inspection checklists, safety-check reports, technician stories, and technician notes. 12 13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3: 14 All DOCUMENTS indicating damage to the VEHICLE due to vandalism or accident. 15 16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4: 17 Every PHOTOGRAPH YOU have of the VEHICLE. 18 19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5: 20 Every video recording YOU have of the VEHICLE. 21 22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6: 23 All DOCUMENTS comprising the warranty repair history for the VEHICLE. 24 25 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7: 26 All DOCUMENTS comprising the maintenance history for the VEHICLE. 27 28 4 REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL MOTORS, LLC. 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8: 2 If YOU contend that the conduct of any person besides YOU contributed to the losses or 3 damages claimed herein, please product all DOCUMENTS which support that contention. 4 5 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9: 6 All DOCUMENTS comprising COMMUNICATIONS between YOU and 7 PROPOUNDING PARTY. 8 9 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10: 10 All DOCUMENTS comprising COMMUNICATIONS between YOU and any dealer 11 concerning the VEHICLE, excluding communications between counsel. 12 13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11: 14 All DOCUMENTS stating the terms of any express warranty for the VEHICLE. 15 16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12: 17 Every technical service bulletin for the VEHICLE related to the symptoms alleged by 18 PLAINTIFF in this litigation. 19 20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13: 21 Every recall notice for the VEHICLE related to the symptoms alleged by PLAINTIFF in 22 this litigation. 23 24 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14: 25 Every campaign for the VEHICLE related to the symptoms alleged by PLAINTIFF in this 26 litigation. 27 28 5 REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL MOTORS, LLC. 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15: 2 The owner’s manual for the VEHICLE. 3 4 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16: 5 All express warranties for the VEHICLE. 6 7 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17: 8 All repair orders for the VEHICLE sent to you by any dealership. 9 10 Dated: April 17, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, PC 11 12 By: ________________________________________ David A. Cooper, Esq. 13 Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 REQUEST FOR PRODUCTION DOCUMENTS, SET ONE TO DEFENDANT GENERAL MOTORS, LLC. EXHIBIT C Jim Stone From: Jim Stone Sent: Tuesday, May 30, 2023 9:07 AM To: 'marens@erskinelaw.com' Cc: David Cooper Subject: RE: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached Dear Counsel, Our records indicate your office was served with discovery requests on April 18, 2023. Responses were due on May 22, 2023, but we have no record of receiving them. Were they mailed? If not, then objections have been waived. Please provide responses by June 13, 2023. Thank you, James D. Stone, Paralegal LAW OFFICE OF ROBERT B. MOBASSERI, A.P.C. We Have Moved 15760 Ventura Boulevard Suite 850 Los Angeles, CA 91436 Telephone Direct: (213) 267-8072 Firm: (213) 282-2000 Facsimile: (213) 282-3000 Confidentiality Notice: This e-mail transmission and all documents, files or previous e-mail messages attached may contain information that is confidential or legally privileged. If you are not the recipient or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission. Further, any disclosure, copy, printing, distribution or use of any of the information contained in or attached to this transmission is Strictly Prohibited. If you have received this transmission in error, please notify the sender by telephone or return e-mail immediately, and delete the original transmission and its attachments without reading or saving in any manner. No ex parte notice is accepted through this e-mail. Thank you. From: Steve Berkowitz Sent: Tuesday, April 18, 2023 10:00 AM To: 'marens@erskinelaw.com' Subject: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached Counsel: Please see attached. Regards, Steven A. Berkowitz Case Manager LAW OFFICES OF ROBERT B. MOBASSERI, PC 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 Direct Line: (213) 267‐8119 Fax:(213) 282‐3000 1 Email: steve@mobasseripc.com 2 EXHIBIT D Jim Stone From: Mary Arens-McBride Sent: Tuesday, May 30, 2023 2:29 PM To: Jim Stone; David Funk; Chrissy Stischok Cc: David Cooper; EService CA Subject: Re: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached Counsel - Just to make sure we are on the same page, we are calendaring GM's response deadline as 6/30 based on the fact that our e-service only received the discovery today when I copied them on it. I believe our e- service agreement allows for two additional days and is treated as though served by overnight mail per the code. We will calendar the same deadline for the other sets of discovery also at issue today as well. Thank you. Mary Lynn Arens McBride Erskine Law Group 1592 N. Batavia St., Ste 1A Orange, CA 92867 949-777-6032 (Main) 657-999-0117 (Direct) Fax - 714-844-9035 marensmcbride@erskinelaw.com The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. From: Mary Arens‐McBride Sent: Tuesday, May 30, 2023 10:12 AM To: Jim Stone ; David Funk ; Chrissy Stischok Cc: David Cooper ; EService CA Subject: Re: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached Counsel - We do not accept electronic service of items to personal email addresses. We have a specific e-service email which has been previously conveyed to your office and it is the only mechanism by which we accept e-service. Our e-service email is listed above in the distribution list now. As a courtesy, I will ask our e-service team to process the discovery requests as having been delivered today. Please make sure to serve only our e-service email going forward. Thank you. 1 Mary Lynn Arens McBride Erskine Law Group 1592 N. Batavia St., Ste 1A Orange, CA 92867 949-777-6032 (Main) 657-999-0117 (Direct) Fax - 714-844-9035 marensmcbride@erskinelaw.com The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. From: Jim Stone Sent: Tuesday, May 30, 2023 9:06 AM To: Mary Arens Cc: David Cooper Subject: RE: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached CAUTION: This email originated from outside of Erskine Law. Do not click or open any attachments unless you recognize the sender and know the content is safe. Dear Counsel, Our records indicate your office was served with discovery requests on April 18, 2023. Responses were due on May 22, 2023, but we have no record of receiving them. Were they mailed? If not, then objections have been waived. Please provide responses by June 13, 2023. Thank you, James D. Stone, Paralegal LAW OFFICE OF ROBERT B. MOBASSERI, A.P.C. We Have Moved 15760 Ventura Boulevard Suite 850 Los Angeles, CA 91436 Telephone Direct: (213) 267-8072 Firm: (213) 282-2000 Facsimile: (213) 282-3000 Confidentiality Notice: This e-mail transmission and all documents, files or previous e-mail messages attached may contain information that is confidential or legally privileged. If you are not the recipient or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission. Further, any disclosure, copy, printing, distribution or use of any of the information contained in or attached to this transmission is Strictly Prohibited. If you have received this transmission in error, please notify the sender by telephone or return e-mail immediately, and delete the original transmission and its attachments without reading or saving in any manner. No ex parte notice is accepted through this e-mail. Thank you. 2 From: Steve Berkowitz Sent: Tuesday, April 18, 2023 10:00 AM To: 'marens@erskinelaw.com' Subject: Fletes v. Gold Start Motors, Inc. et al.: Discovery attached Counsel: Please see attached. Regards, Steven A. Berkowitz Case Manager LAW OFFICES OF ROBERT B. MOBASSERI, PC 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 Direct Line: (213) 267‐8119 Fax:(213) 282‐3000 Email: steve@mobasseripc.com 3 EXHIBIT E Jim Stone From: David Cooper Sent: Wednesday, July 12, 2023 11:04 AM To: 'Chrissy Stischok' Cc: David Funk; Jim Stone Subject: RE: Fletes v. GM Chrissy, this is long overdue. I’ll give an extension of two weeks from today, after which I’ll have to start the MTC or IDC process. David Cooper, Esq. LAW OFFICES OF ROBERT B. MOBASSERI, A P.C. 15760 Ventura Blvd., Suite 850 Encino, California 91436 Firm: (213) 282-2000 Facsimile: (213) 282-3000 From: Chrissy Stischok Sent: Wednesday, July 12, 2023 10:48 AM To: David Cooper Subject: Fletes v. GM Hi Mr. Cooper, We have discovery due in this case. Can I please have an extension until August 1, 2023? Please let me know. Thanks! Christina L. Stischok Paralegal 612 W. University Drive Rochester | Michigan | 48307 P: (248) 601.4499 F: (248) 601.4497 email: cstischok@erskinelaw.com Direct: (248) 550‐0115 The information contained in this electronic e‐mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have 1 received this communication in error, please immediately notify the sender by return e‐mail, and delete the original message and all copies from your system. 2 PROOF OF SERVICE I, Steven A. Berkowitz, 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 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436. On November 17, 2023, I served the AMENDED NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES BY GENERAL MOTORS, LLC TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; DECLARATON OF DAVID A. COOPER on the interested parties in the within action, as follows: Mary Lynn Arens McBride, Esq. Attorneys for Defendant, Cameron Major, Esq. General Motors LLC THE ERSKINE LAW GROUP, PC 1576 N. Batavia St., Suite A Orange, CA 92867 Tel: (949) 777-6032/Fax: (714) 844-9035 Email: marensmcbride@erskinelaw.com Email: EService-CA@erskinelaw.com __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent from the email address steve@mobasserilaw.com to the persons listed above at their respective email 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. __X__ STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing it true and correct. Executed on November 17, 2023, at Los Angeles, California. /s/_____________________________________ Steven A. Berkowitz