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KNIGHT LAW GROUP LLP
1 Roger Kirnos (SBN 283163)
2 Phil A Thomas (SBN 248517)
10250 Constellation Blvd., Suite 2500
3 Los Angeles, CA 90067
Tel: (310) 552-2250
4 Fax: (310) 552-7973
5
Attorneys for Plaintiff,
6 SHAWN AVERY
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF MONTEREY
10
SHAWN AVERY, Case No.: 23CV000503
11 Unlimited Jurisdiction
12 Plaintiff, [PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION TO COMPEL
13 FURTHER RESPONSES TO REQUESTS
vs. FOR PRODUCTION OF DOCUMENTS,
14 AND REQUEST FOR SANCTIONS
15 [Submitted concurrently with Notice of
GENERAL MOTORS LLC, a Delaware Motion and Motion, Memorandum of Points
16 Limited Liability Company, and DOES 1 and Authorities, Separate Statement, and
through 10, inclusive, Declaration of Phil A Thomas]
17
Hearing Date: April 5, 2024
18 Defendants. Hearing Time: 8:30 a.m.
19 Department: 13A
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22 Date Filed: February 16, 2023
23 Trial Date: December 16, 2024
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[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 A hearing was held on this matter, on April 5, 2024 at 8:30 a.m., in Department 13A of
3 the Monterey County Superior Court, located at 1200 Aguajito Rd., Monterey, CA 93940,
4 regarding Plaintiff SHAWN AVERY’s Motion to Compel Further Responses to Requests for
5 Production of Documents and Request for Sanctions.
6 Having read the motion, the memoranda and the declarations filed by the parties, and
7 having heard argument of counsel, the Court makes the following orders:
8 IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel is GRANTED as follows:
9 1. Defendant GENERAL MOTORS, LLC (“Defendant”) is hereby compelled to re-
10 produce a set of documents which include titles to each document, and a document index that
11 identifies the specific request number to which the documents respond, pursuant to the Code of
12 Civil Procedure, section 2031.280, subdivision (a).
13 2. Defendant is hereby compelled to produce verified supplemental responses to
14 Plaintiff’s Requests for Production, and to identify which documents are responsive to which of
15 Plaintiff’s requests pursuant to Code of Civil Procedure, section 2031.280(a).
16 3. Defendant is hereby compelled to produce all responsive documents in response
17 to those requests that seek documents relating to policies and procedures for handling vehicle
18 replacement and repurchase requests. The number of these requests/responses is as follows: 16,
19 19-32.
20 4. Defendant is hereby compelled to produce all responsive documents in response
21 to those requests that seek documents relating to Defendant’s vehicle repair and warranty codes
22 issued for the Subject Vehicle. The number of these requests/responses is as follows: 37-41.
23 5. All objections in Defendant’s responses are overruled.
24 6. Defendant must comply with this order within fourteen (14) days of the entry of
25 the order.
26 SANCTIONS
27 Defendant and/or its attorneys of record, The Erskine Law Group, PC, is to pay Plaintiff
28 an award of monetary sanctions in the amount of $2,310 or alternatively $______________ within
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[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
1 fourteen (14) calendar days of this Order, or alternatively, on _________________________.
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3 IT IS SO ORDERED
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Dated: _________________ ______________________________
6 Judge of the Superior Court
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[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
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[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
PROOF OF SERVICE
1
(Code of Civil Procedure §1013a)
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SHAWN AVERY v. GENERAL MOTORS LLC
3 Case No.: 23CV000503
4
I am employed in the County of Los Angeles, State of California. I am over the age of 18
5 years and not a party to the within action. My business address is 10250 Constellation
Blvd., Suite 2500, Los Angeles, CA 90067.
6
7 On Tuesday, February 20, 2024, I served electronic copies of the foregoing documents
described as:
8
[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
9 FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS,
10 AND REQUEST FOR SANCTIONS
11 On the intended parties in this action as follows:
12 Mary Arens McBride, Esq.,
13 Alexandria O. Pappas, Esq.,
THE ERSKINE LAW GROUP, PC.
14 1576 N. Batavia St., Suite A
Orange, CA 92867
15 marensmcbride@erskinelaw.com
16 apappas@erskinelaw.com
eservice-ca@erskinelaw.com
17 Counsel for Defendant,
GENERAL MOTORS LLC
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19 XX BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused
20 the documents to be sent to the persons at the e-mail addresses listed above. I did not
receive, within a reasonable time after the transmission, any electronic message or other
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indication that the transmission was unsuccessful.
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I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct.
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Executed this Tuesday, February 20, 2024 at Los Angeles, California.
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_________________________
26 Imelda Oliden
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PROOF OF SERVICE
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KNIGHT LAW GROUP LLP 1 Roger Kirnos (SBN 283163) 2 Phil A Thomas (SBN 248517) 10250 Constellation Blvd., Suite 2500 3 Los Angeles, CA 90067 Tel: (310) 552-2250 4 Fax: (310) 552-7973 5 Attorneys for Plaintiff, 6 SHAWN AVERY 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF MONTEREY 10 SHAWN AVERY, Case No.: 23CV000503 11 Unlimited Jurisdiction 12 Plaintiff, [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL 13 FURTHER RESPONSES TO REQUESTS vs. FOR PRODUCTION OF DOCUMENTS, 14 AND REQUEST FOR SANCTIONS 15 [Submitted concurrently with Notice of GENERAL MOTORS LLC, a Delaware Motion and Motion, Memorandum of Points 16 Limited Liability Company, and DOES 1 and Authorities, Separate Statement, and through 10, inclusive, Declaration of Phil A Thomas] 17 Hearing Date: April 5, 2024 18 Defendants. Hearing Time: 8:30 a.m. 19 Department: 13A 20 21 22 Date Filed: February 16, 2023 23 Trial Date: December 16, 2024 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 A hearing was held on this matter, on April 5, 2024 at 8:30 a.m., in Department 13A of 3 the Monterey County Superior Court, located at 1200 Aguajito Rd., Monterey, CA 93940, 4 regarding Plaintiff SHAWN AVERY’s Motion to Compel Further Responses to Requests for 5 Production of Documents and Request for Sanctions. 6 Having read the motion, the memoranda and the declarations filed by the parties, and 7 having heard argument of counsel, the Court makes the following orders: 8 IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel is GRANTED as follows: 9 1. Defendant GENERAL MOTORS, LLC (“Defendant”) is hereby compelled to re- 10 produce a set of documents which include titles to each document, and a document index that 11 identifies the specific request number to which the documents respond, pursuant to the Code of 12 Civil Procedure, section 2031.280, subdivision (a). 13 2. Defendant is hereby compelled to produce verified supplemental responses to 14 Plaintiff’s Requests for Production, and to identify which documents are responsive to which of 15 Plaintiff’s requests pursuant to Code of Civil Procedure, section 2031.280(a). 16 3. Defendant is hereby compelled to produce all responsive documents in response 17 to those requests that seek documents relating to policies and procedures for handling vehicle 18 replacement and repurchase requests. The number of these requests/responses is as follows: 16, 19 19-32. 20 4. Defendant is hereby compelled to produce all responsive documents in response 21 to those requests that seek documents relating to Defendant’s vehicle repair and warranty codes 22 issued for the Subject Vehicle. The number of these requests/responses is as follows: 37-41. 23 5. All objections in Defendant’s responses are overruled. 24 6. Defendant must comply with this order within fourteen (14) days of the entry of 25 the order. 26 SANCTIONS 27 Defendant and/or its attorneys of record, The Erskine Law Group, PC, is to pay Plaintiff 28 an award of monetary sanctions in the amount of $2,310 or alternatively $______________ within 1 [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS 1 fourteen (14) calendar days of this Order, or alternatively, on _________________________. 2 3 IT IS SO ORDERED 4 5 Dated: _________________ ______________________________ 6 Judge of the Superior Court 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS PROOF OF SERVICE 1 (Code of Civil Procedure §1013a) 2 SHAWN AVERY v. GENERAL MOTORS LLC 3 Case No.: 23CV000503 4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 5 years and not a party to the within action. My business address is 10250 Constellation Blvd., Suite 2500, Los Angeles, CA 90067. 6 7 On Tuesday, February 20, 2024, I served electronic copies of the foregoing documents described as: 8 [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL 9 FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, 10 AND REQUEST FOR SANCTIONS 11 On the intended parties in this action as follows: 12 Mary Arens McBride, Esq., 13 Alexandria O. Pappas, Esq., THE ERSKINE LAW GROUP, PC. 14 1576 N. Batavia St., Suite A Orange, CA 92867 15 marensmcbride@erskinelaw.com 16 apappas@erskinelaw.com eservice-ca@erskinelaw.com 17 Counsel for Defendant, GENERAL MOTORS LLC 18 19 XX BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused 20 the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other 21 indication that the transmission was unsuccessful. 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct. 24 Executed this Tuesday, February 20, 2024 at Los Angeles, California. 25 _________________________ 26 Imelda Oliden 27 28 -1- PROOF OF SERVICE