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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
WILSON TURNER KOSMO LLP SAN BERNARDINO DISTRICT
ELIZABETH C. REIN (297593) 11“ 5/2023 8-59 .
A'V'
OLIVIA MINER (306546)
J.
ANDRES F. MICHEL (292626) By: Khiyara Frontela, DEPUTY
402 West Broadway, Suite 1600
San Diego, California 92101
Telephone: (619) 236-9600
Facsimile: (619) 236-9669
E-mail: erein@wilsonturnerkosmo.com
E-mail: ominer@wilsonturnerkosmo.com
E-mail: amichel@wilsonturnerkosmo.com
E-mail: hondaeservice@wilsontumerkosmo.com
Attorneys for Defendant
AMERICAN HONDA MOTOR CO., INC
(erroneously sued herein as a California
Corporation)
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SAN BERNARDINO
13
14 RHONDA MCDOWELL, an individual, Case N0. CIVSB221 1661
15 Plaintiffs, SEPARATE STATEMENT IN
SUPPORT OF DEFENDANT
16 V. AMERICAN HONDA MOTOR CO.,
INC.’S MOTION TO COMPEL
17 AMERICAN HONDA MOTOR CO., INC, a FURTHER RESPONSES TO SPECIAL
California Corporation, and DOES through 10,
1 INTERROGATORIES AND FOR
18 inclusive, SANCTIONS
19 Defendants. Complaint Filed: June 9, 2022
20 Date: January 29, 2024
Time: 8:30 a.m.
21 Dept: S30
Judge: Hon. Brian S McCarVille
22 Trial Date: Not set
23
24 Pursuant to California Rule 0f Court 3.1345(0), Defendant AMERICAN HONDA MOTOR
25 CO., INC. (“AHM”) hereby submits its separate statement in support 0f AHM’S Motion to Compel
26 to Plaintiff RHONDA MCDOWELL’S Motion t0 Compel Responses t0 Special Interrogatories, Set
27 One:
28
1
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S MOTION
TO COMPEL FURTHER RESPONSES TO Special INTERROGATORIES AND FOR SANCTIONS
SPECIAL INTERROGATORY NO. 1:
Describe each warranty, express 0r implied, that YOU claim was issued by DEFENDANT in
connection with YOUR lease or purchase of the Vehicle. (For purposes of these interrogatories,
“YOU” and “YOUR” shall refer t0 plaintiff RHONDA MCDOWELL; “DEFENDANT” and
“AHM” shall refer t0 American Honda Motor C0., Inc.; “VEHICLE” 0r “SUBJECT VEHICLE”
shall refer t0 the 2020 Honda Fit, VIN 3HGGK5H41LM714882 referenced in YOUR
COMPLAINT; “COMPLAINT” shall refer to the Complaint YOU filed in this action).
RESPONSE TO SPECIAL INTERROGATORY NO. 1:
"Plaintiff objects t0 this Interrogatory 0n the grounds that it is vague, ambiguous, and
10 compound. Plaintiff objects to this Interrogatory t0 the extent that it is overly broad. Plaintiff
11 obj ects t0 this Interrogatory 0n the grounds that it calls for a legal conclusion. Plaintiff obj ects t0 this
12 Interrogatory t0 the extent that it seeks information protected from disclosure by any privilege 0r
13 immunity including, Without limitation, the attorney-client privilege, or the work product immunity
14 from discovery. Plaintiff objects t0 this Interrogatory 0n the grounds that it seeks premature
15 disclosure 0f expert witness opinion in Violation 0f Code of Civil Procedure, section 2034.210.
16 Plaintiff also objects t0 this Interrogatory as it seeks the legal reasoning and theories 0f Plaintiff’s
17 contention. Plaintiffs are not required t0 prepare the defendant’s case. (Sav-On Drugs, Inc. v.
18 Superior Court, 15 Cal.3d 1, at p. 5 (1975).) Further, a party is not obligated to perform legal
19 research for another party. (Id.) This Interrogatory is not reasonably calculated to lead to the
20 discovery of admissible evidence; as such, it can only be intended to harass or embarrass the
21 Plaintiff. Finally, Plaintiff object because this Interrogatory is not full and complete in and 0f itself,
22 contains sub-parts, and/or contains a conjunctive 0r disjunctive question and therefore does not
23 comply With Code of Civil Procedure, section 2030.060 et seq.
24 Without waiving the foregoing objections and because the answer to this interrogatory would
25 necessitate the preparation or making 0f a compilation or summary from the documents, Plaintiff refers
26 the propounding party t0 the attached document production, pursuant to Code 0f Civil Procedure section
27 2030.230. Specifically, Plaintiff’s Retail Installment Sale Contract dated July 11, 2020, attached hereto
28 as Exhibit “A,” and Plaintiff“ s repair orders from Spreen Honda, located at 25050 Redlands Boulevard,
2
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S MOTION
TO COMPEL FURTHER RESPONSES TO Special INTERROGATORIES AND FOR SANCTIONS
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO WILSON TURNER KOSMO LLP SAN BERNARDINO DISTRICT ELIZABETH C. REIN (297593) 11“ 5/2023 8-59 . A'V' OLIVIA MINER (306546) J. ANDRES F. MICHEL (292626) By: Khiyara Frontela, DEPUTY 402 West Broadway, Suite 1600 San Diego, California 92101 Telephone: (619) 236-9600 Facsimile: (619) 236-9669 E-mail: erein@wilsonturnerkosmo.com E-mail: ominer@wilsonturnerkosmo.com E-mail: amichel@wilsonturnerkosmo.com E-mail: hondaeservice@wilsontumerkosmo.com Attorneys for Defendant AMERICAN HONDA MOTOR CO., INC (erroneously sued herein as a California Corporation) 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SAN BERNARDINO 13 14 RHONDA MCDOWELL, an individual, Case N0. CIVSB221 1661 15 Plaintiffs, SEPARATE STATEMENT IN SUPPORT OF DEFENDANT 16 V. AMERICAN HONDA MOTOR CO., INC.’S MOTION TO COMPEL 17 AMERICAN HONDA MOTOR CO., INC, a FURTHER RESPONSES TO SPECIAL California Corporation, and DOES through 10, 1 INTERROGATORIES AND FOR 18 inclusive, SANCTIONS 19 Defendants. Complaint Filed: June 9, 2022 20 Date: January 29, 2024 Time: 8:30 a.m. 21 Dept: S30 Judge: Hon. Brian S McCarVille 22 Trial Date: Not set 23 24 Pursuant to California Rule 0f Court 3.1345(0), Defendant AMERICAN HONDA MOTOR 25 CO., INC. (“AHM”) hereby submits its separate statement in support 0f AHM’S Motion to Compel 26 to Plaintiff RHONDA MCDOWELL’S Motion t0 Compel Responses t0 Special Interrogatories, Set 27 One: 28 1 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S MOTION TO COMPEL FURTHER RESPONSES TO Special INTERROGATORIES AND FOR SANCTIONS SPECIAL INTERROGATORY NO. 1: Describe each warranty, express 0r implied, that YOU claim was issued by DEFENDANT in connection with YOUR lease or purchase of the Vehicle. (For purposes of these interrogatories, “YOU” and “YOUR” shall refer t0 plaintiff RHONDA MCDOWELL; “DEFENDANT” and “AHM” shall refer t0 American Honda Motor C0., Inc.; “VEHICLE” 0r “SUBJECT VEHICLE” shall refer t0 the 2020 Honda Fit, VIN 3HGGK5H41LM714882 referenced in YOUR COMPLAINT; “COMPLAINT” shall refer to the Complaint YOU filed in this action). RESPONSE TO SPECIAL INTERROGATORY NO. 1: "Plaintiff objects t0 this Interrogatory 0n the grounds that it is vague, ambiguous, and 10 compound. Plaintiff objects to this Interrogatory t0 the extent that it is overly broad. Plaintiff 11 obj ects t0 this Interrogatory 0n the grounds that it calls for a legal conclusion. Plaintiff obj ects t0 this 12 Interrogatory t0 the extent that it seeks information protected from disclosure by any privilege 0r 13 immunity including, Without limitation, the attorney-client privilege, or the work product immunity 14 from discovery. Plaintiff objects t0 this Interrogatory 0n the grounds that it seeks premature 15 disclosure 0f expert witness opinion in Violation 0f Code of Civil Procedure, section 2034.210. 16 Plaintiff also objects t0 this Interrogatory as it seeks the legal reasoning and theories 0f Plaintiff’s 17 contention. Plaintiffs are not required t0 prepare the defendant’s case. (Sav-On Drugs, Inc. v. 18 Superior Court, 15 Cal.3d 1, at p. 5 (1975).) Further, a party is not obligated to perform legal 19 research for another party. (Id.) This Interrogatory is not reasonably calculated to lead to the 20 discovery of admissible evidence; as such, it can only be intended to harass or embarrass the 21 Plaintiff. Finally, Plaintiff object because this Interrogatory is not full and complete in and 0f itself, 22 contains sub-parts, and/or contains a conjunctive 0r disjunctive question and therefore does not 23 comply With Code of Civil Procedure, section 2030.060 et seq. 24 Without waiving the foregoing objections and because the answer to this interrogatory would 25 necessitate the preparation or making 0f a compilation or summary from the documents, Plaintiff refers 26 the propounding party t0 the attached document production, pursuant to Code 0f Civil Procedure section 27 2030.230. Specifically, Plaintiff’s Retail Installment Sale Contract dated July 11, 2020, attached hereto 28 as Exhibit “A,” and Plaintiff“ s repair orders from Spreen Honda, located at 25050 Redlands Boulevard, 2 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S MOTION TO COMPEL FURTHER RESPONSES TO Special INTERROGATORIES AND FOR SANCTIONS