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QUILL & ARROW, LLP
ELECTRONICALLY FILED
Kevin Y. Jacobson, Esq. (SBN 320532) SUPERIOR COURT OF CALIFORNIA
kiacobson@quillarr0wlaw.com COUNTY OF SAN BERNARDINO
Gregory Sogoyan, Esq. (SBN 316832) SAN BERNARDINO DISTRICT
gsogovan@quillarrowlaw.com 11/17/2023 3:42 PM
David Derderian (SBN 349787)
dderderian@quillarrowlaw.com By: Iridian Cuen Rubio, DEPUTY
e-service@quillarrowlaw.com
10900 Wilshire Boulevard, Suite 300
Los Angeles, CA, 90024
Telephone: (310) 933-4271
Facsimile: (3 10) 889-0645
Attorneys for Plaintiff,
RHONDA MCDOWELL
10 SUPERIOR COURT OF CALIFORNIA
11 COUNTY OF SAN BERNARDINO
12
LLP
13 RHONDA MCDOWELL, an individual Case No.2 CIVSB221 1661
:14 Assigned t0 the Hon. Brian S. McCarville in
Plaintiff,
Department S30
315
VS. PLAINTIFF’S NOTICE OF MOTION AND
QL'HJmmRRow-
5‘16 MOTION TO COMPEL FURTHER
RESPONSES TO PLAINTIFF’S REQUEST
FOR PRODUCTION OF DOCUMENTS, SET
17 AMERICAN HONDA MOTOR CO., TWO
INC., a California Corporation, and DOES
18
1 through 10, inclusive, [Concurrentlyfiled with Declaration ofGregory
Sogoyan, Esq.; Separate Statement; and
19 [Proposed] Order]
20 HEARING:
Defendants. Date: February 1, 2024
21 Time: 08:30 a.m.
Dept: S30
22
Complaint Filed: June 9, 2022
23 Trial Date: April 15, 2024
24
25
26
27
28
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO
TO THE HONORABLE COURT, DEFENDANTS, AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on February 1, 2024, at 08:30 a.m., in Department S30 0f
the above-captioned Court, at the San Bernardino Justice Center, 247 West 3rd Street, San
Bernardino, CA 92415, Plaintiff RHONDA MCDOWELL (“Plaintiff”) Will, and hereby does,
move for an order to strike Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant”)
objections and compel further responses to Plaintiff’s Request for Production of Documents, Set
Two, Request Nos. 1 through 55 (collectively, the “RFPS”).
Plaintiff brings this Motion pursuant to California Code 0f Civil Procedure §§ 2031.310,
10 and 2031.320, on the grounds that Defendant waived its objections and failed to provide adequate
11 responses to Plaintiff’s RFPs, which seek documents relevant t0 the Song-Beverly Consumer
12 Warranty Act (“SBA”) causes 0f action.
13 On July 11, 2020, Plaintiff purchased a new 2020 Honda Fit, having VIN No.2
314 3HGGK5H41LM714882 ("the Subject Vehicle”). The causes of action in the Complaint arise out
€15
QL‘ILLE‘SARROWWII
ofwarranty and repair obligations of Defendant in connection with a vehicle that Plaintiffpurchased
16 and for which Defendant issued a written warranty.
17 The Subject Vehicle was delivered to Plaintiff With serious defects and nonconformities to
18 warranty and developed other serious defects and nonconformities to warranty. Defendant was
19 unable t0 conform Plaintiff’s vehicle to the applicable express warranty after a reasonable number
20 0f repair attempts. Notwithstanding Plaintiff’s warranty and other entitlements, Defendant has
21 failed t0 date to either promptly replace the motor vehicle or t0 promptly make restitution in
22 accordance With the Song-Beverly Act.
23 On or about August 29, 2023, Plaintiff propounded Request for Production 0f Documents,
24 Set Two, on Defendant seeking documents relating to: (1) Defendant’s Policies and Procedures
25 for Handling Song—Beverly Cases and the Subject Vehicle (Request Nos. 1-9); and (2)
26 Defendant's Internal Investigations of the Defects Exhibited in the Subject Vehicle including,
27 Engine Defects (Request Nos. 10-32), and Suspension Defects (Request Nos. 33-55).
28 ///
_ 2 _
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO
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QUILL & ARROW, LLP ELECTRONICALLY FILED Kevin Y. Jacobson, Esq. (SBN 320532) SUPERIOR COURT OF CALIFORNIA kiacobson@quillarr0wlaw.com COUNTY OF SAN BERNARDINO Gregory Sogoyan, Esq. (SBN 316832) SAN BERNARDINO DISTRICT gsogovan@quillarrowlaw.com 11/17/2023 3:42 PM David Derderian (SBN 349787) dderderian@quillarrowlaw.com By: Iridian Cuen Rubio, DEPUTY e-service@quillarrowlaw.com 10900 Wilshire Boulevard, Suite 300 Los Angeles, CA, 90024 Telephone: (310) 933-4271 Facsimile: (3 10) 889-0645 Attorneys for Plaintiff, RHONDA MCDOWELL 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF SAN BERNARDINO 12 LLP 13 RHONDA MCDOWELL, an individual Case No.2 CIVSB221 1661 :14 Assigned t0 the Hon. Brian S. McCarville in Plaintiff, Department S30 315 VS. PLAINTIFF’S NOTICE OF MOTION AND QL'HJmmRRow- 5‘16 MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET 17 AMERICAN HONDA MOTOR CO., TWO INC., a California Corporation, and DOES 18 1 through 10, inclusive, [Concurrentlyfiled with Declaration ofGregory Sogoyan, Esq.; Separate Statement; and 19 [Proposed] Order] 20 HEARING: Defendants. Date: February 1, 2024 21 Time: 08:30 a.m. Dept: S30 22 Complaint Filed: June 9, 2022 23 Trial Date: April 15, 2024 24 25 26 27 28 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO THE HONORABLE COURT, DEFENDANTS, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 1, 2024, at 08:30 a.m., in Department S30 0f the above-captioned Court, at the San Bernardino Justice Center, 247 West 3rd Street, San Bernardino, CA 92415, Plaintiff RHONDA MCDOWELL (“Plaintiff”) Will, and hereby does, move for an order to strike Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant”) objections and compel further responses to Plaintiff’s Request for Production of Documents, Set Two, Request Nos. 1 through 55 (collectively, the “RFPS”). Plaintiff brings this Motion pursuant to California Code 0f Civil Procedure §§ 2031.310, 10 and 2031.320, on the grounds that Defendant waived its objections and failed to provide adequate 11 responses to Plaintiff’s RFPs, which seek documents relevant t0 the Song-Beverly Consumer 12 Warranty Act (“SBA”) causes 0f action. 13 On July 11, 2020, Plaintiff purchased a new 2020 Honda Fit, having VIN No.2 314 3HGGK5H41LM714882 ("the Subject Vehicle”). The causes of action in the Complaint arise out €15 QL‘ILLE‘SARROWWII ofwarranty and repair obligations of Defendant in connection with a vehicle that Plaintiffpurchased 16 and for which Defendant issued a written warranty. 17 The Subject Vehicle was delivered to Plaintiff With serious defects and nonconformities to 18 warranty and developed other serious defects and nonconformities to warranty. Defendant was 19 unable t0 conform Plaintiff’s vehicle to the applicable express warranty after a reasonable number 20 0f repair attempts. Notwithstanding Plaintiff’s warranty and other entitlements, Defendant has 21 failed t0 date to either promptly replace the motor vehicle or t0 promptly make restitution in 22 accordance With the Song-Beverly Act. 23 On or about August 29, 2023, Plaintiff propounded Request for Production 0f Documents, 24 Set Two, on Defendant seeking documents relating to: (1) Defendant’s Policies and Procedures 25 for Handling Song—Beverly Cases and the Subject Vehicle (Request Nos. 1-9); and (2) 26 Defendant's Internal Investigations of the Defects Exhibited in the Subject Vehicle including, 27 Engine Defects (Request Nos. 10-32), and Suspension Defects (Request Nos. 33-55). 28 /// _ 2 _ PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO