On April 07, 2022 a
Party Discovery
was filed
involving a dispute between
Espinosa, Celia,
Espinosa, Eduardo,
and
American Honda Motor Co., Inc.,
Does 1 Through 10,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
OR-SINAL
KNIGHT LAW GROUP, LLP
Roger Kirnos (SBN 283163)
rogerk@knightlaw.com
Timothy Lupinek (SBN 334876) SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Timothyl@kni, tlaw.com. SAN BERNARDINO CISTRICT
10250 Constellation Blvd., Suite 2500
Los Angeles, CA 90067
Telephone: (310) 552-2250 NOV 28 2022
Fax: (310) 552-7973
Attorneys for Plaintiffs, BY.
EDUARDO ESPINOSA
and CELIA ESPINOSA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
EDUARDO ESPINOSA Case No.: CIVSB2207097
and CELIA ESPINOSA,
10 Unlimited Jurisdiction
1 Plaintiffs, PLAINTIFFS’ MEMORANDUM IN
SUPPORT OF MOTION TO
12 VS. COMPEL FURTHER RESPONSES
TO PLAINTIFFS’ FIRST SET OF
13 REQUESTS FOR PRODUCTION O
AMERICAN HONDA MOTOR CO., INC., DOCUMENTS TO DEFENDANT,
14 a California Corporation, and DOES 1 AMERICAN HONDA MOTOR CO.,;
through 10, inclusive, INC., AND REQUEST FOR
15 SANCTIONS
16 Defendants. [Submitted concurrently with Notice of]
Motion, Plaintiffs’ Separate Statement
17 in Support of Motion, Declaration of
Timothy Lupinek in Support of
18 Motion, and [Proposed] Order.
19
Date: January 19, 2023
20 Time: 8:30 a.m.
Dept.: $33
21
22 Action filed: April 6, 2022
Trial: None
23
24
25
26
ii
27
PLAINTIFFS’ MEMORANDUM IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO.
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR
28 SANCTIONS
Table of Contents
I. INTRODUCTION -14
IL. STATEMENT OF FACTS -34
A Plaintiffs Met and Conferred in Writing, But Plaintiffs’ Efforts Have Been
Unsuccessful -34
Ill. ARGUMENT -44
A Plaintiffs Are Entitled to an Order Compelling Further, Code-Complaint Responses - 4 +
B. The Discovery Sought Is Relevant to Plaintiffs’ Underlying Claims -44
:
10 1 Plaintiffs’ Requests are Relevant to Their Song-Beverly Act Claims -54
lL 2 Plaintiffs’ Requests are Relevant to the Issue of Civil Penalties -84
12
3 Evidence of Defendant’s Superior Knowledge of Defects with the Honda Sensing
13
System are Relevant to Prove Plaintiffs’ Fraud Claim -ll4
14
Cc Defendant’s Objections Lack Merit and Do Not Comply with California Code of Civil
15
Procedure, Section 2031.240 -12-
16
1 Defendant’s “Overly Broad” and “not Limited in Time and Scope” Objections
17
Should be Overruled -134
18
19 2 Defendant’s Unduly Burdensome Objections Are Conclusory and Evasive 144
20 3 Defendant’s Objections Based on Privacy and Confidentiality Are Unsupported and
21 Should Be Overruled and Plaintiffs Have Signed a Stipulation and Protective Order 144
22
Iv. MONETARY SANCTIONS ARE APPROPRIATE. -154
23
V. CONCLUSION -15-
2:
25
26
iii
27
PLAINTIFFS’ MEMORANDUM IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR
28 SANCTIONS
Document Filed Date
November 28, 2022
Case Filing Date
April 07, 2022
Category
Breach of Contract/Warranty Unlimited
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