Document for SHAWN AVERY vs. GENERAL MOTORS LLC, a Delaware Limited Liability Company

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                                KNIGHT LAW GROUP LLP
 1
     Roger Kirnos (SBN 283163)
 2   RogerK@knightlaw.com
     Phil A Thomas (SBN 248517)
 3   philt@knightlaw.com
     10250 Constellation Blvd., Suite 2500
 4
     Los Angeles, CA 90067
 5   Tel: (310) 552-2250
     Fax: (310) 552-7973
 6
 7   Attorneys for Plaintiff,
     SHAWN AVERY
 8
                                  SUPERIOR COURT OF CALIFORNIA
 9
10                                    COUNTY OF MONTEREY

11
12   SHAWN AVERY,                                Case No.: 23CV000503
                                                 Unlimited Jurisdiction
13
                    Plaintiff,                   DECLARATION OF PHIL A THOMAS
14                                               IN SUPPORT OF PLAINTIFF’S
            vs.                                  MOTION TO COMPEL FURTHER
15                                               RESPONSES TO REQUESTS FOR
                                                 PRODUCTION OF DOCUMENTS, AND
16                                               REQUEST FOR SANCTIONS
     GENERAL MOTORS LLC, a Delaware
17   Limited Liability Company, and DOES 1       [Submitted concurrently with Notice of
     through 10, inclusive,                      Motion, Memorandum of Points and
18                                               Authorities, Separate Statement, and
                                                 [Proposed] Order]
19
                    Defendants.                  Hearing Date: April 5, 2024
20                                               Hearing Time: 8:30 a.m.
21                                               Department: 13A

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24                                               Date Filed: February 16, 2023
25                                               Trial Date: December 16, 2024

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      DECLARATION OF PHIL A THOMAS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER
                   RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
 1      I, Phil A Thomas, declare as follows:
 2   1. I am an attorney duly licensed to practice law before all of the courts of the State of California.
 3      I am an attorney at the law firm of Knight Law Group LLP, attorneys of record for Plaintiff
 4      SHAWN AVERY (“Plaintiff”). I have personal knowledge of the following facts, and, if
 5      called to testify regarding those matters, I could and would competently testify thereto.
 6   2. I submit this declaration in support of Plaintiff’s Motion to Compel Further Responses to
 7      Requests for Production of Documents and Request for Sanctions.
 8   3. For this Court’s convenience, I have arranged this declaration under various subheadings.
 9        PLAINTIFF’S REQUESTS AND DEFENDANT’S INADEQUATE RESPONSES
10   4. Plaintiff filed suit against Defendant General Motors LLC (“Defendant” or “GM”) for
11      violation of the Song-Beverly Consumer Warranty Act on February 16, 2023.
12   5. On November 28, 2023, Plaintiff propounded on Defendant a First Set of Requests for
13      Production of Documents. Attached hereto as Exhibit A is a true and correct copy of
14      Plaintiff’s First Set of Requests for Production of Documents.
15   6. Defendant provided unverified Responses on January 4, 2024. In response to Plaintiff’s RFP
16      Nos. 16, 19-32 and 37-41 Defendant stated that no documents would be produced. Attached
17      hereto as Exhibit B is a true and correct copy of Defendant’s Responses to Plaintiff’s First Set
18      of Requests for Production of Documents.
19   7. On February 8, 2024, Defendant served a verification to these responses. A true and correct
20      copy of Defendant’s verification, along with the email which it was attached, is attached hereto
21      as Exhibit C.
22   8. Plaintiff’s discovery requests seek, among other things, information regarding Plaintiff’s
23      vehicle, documents regarding how Defendant responds to requests for repurchase of a vehicle,
24      and documents explaining the various warranty, complaint and vehicle repair codes used in
25      documents produced by Defendant. (See Exhibit A.)
26   9. Defendant’s initial document production included several dozen files mostly in .pdf format
27      identified only by a bates number. Defendant provided no index or other method of identifying
28      these documents by title or subject matter. Defendant also did not provide verified responses


                                                      -1-
      DECLARATION OF PHIL A THOMAS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER
                   RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
 1      to Plaintiff’s RFPs that identified which documents are responsive to which requests, as
 2      required by Code of Civil Procedure § 2031.280(a).
 3     PLAINTIFF’S EFFORTS TO PROPERLY ENGAGE IN THE MEET-AND-CONFER
 4                             PROCESS HAVE BEEN UNSUCCESSFUL
 5   10. As stated above, Defendant wholly failed to provide code compliant responses to Plaintiff’s
 6      Requests for Production (“RFP”). In order to resolve this issue informally, Plaintiff began the
 7      meet and confer process by sending a letter to Defendant on January 10, 2024, outlining the
 8      deficiencies in its responses. Attached hereto as Exhibit D is a true and correct copy of
 9      Plaintiff’s initial meet and confer letter.
10   11. Defendant did not respond to this letter.
11   12. On January 24, 2024, Plaintiff sent a second letter that attempted to further clarify Plaintiff’s
12      RFPs. A true and correct copy of Plaintiff’s letter is attached hereto Exhibit E.
13   13. Defendant has not sent Plaintiff a Los Angeles County Superior Court Model Stipulated
14      Protective Order as it sometimes does.
15   14. Plaintiff’s counsel has several hundred cases pending against Defendant and Defendant’s
16      counsel, and has litigated hundreds of others. Plaintiff’s counsel has met and conferred with
17      Defendant by telephone and video conference on numerous occasions but the parties generally
18      reach the same result. Defendant refuses to produce documents responsive to RFPs 37-41.
19      Defendant often claims to be willing to produce documents responsive to Plaintiff’s RFPs 16
20      and 19-32 subject to a protective order, but since Defendant refuses to serve supplemental
21      responses to Plaintiff’s RFPs that identify which documents are responsive to which requests,
22      Plaintiff cannot substantiate this claim.
23   15. Based on Plaintiff’s counsel’s experience with Defendant in other Song-Beverly cases, the
24      production responsive to RFPs 37-41 consists of the same two .pdf files of two pages each.
25      These documents are tables that list the various codes and define what the codes mean.
26      Defendant has represented that this production is a complete response to RFPs 37-41. The
27      documents are covered by the protective orders between the parties and thus Plaintiff cannot
28      use such documents from other cases in this matter. The burden on Defendant of producing


                                                      -2-
      DECLARATION OF PHIL A THOMAS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER
                   RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
 1      these documents is, however, minimal. Attempting to limit Defendant’s production to codes
 2      related to particular vehicle components or defects would actually increase the burden on
 3      Defendant, as Defendant would need to redact some portion of the four pages it would produce.
 4   16. Defendant has failed to provide meaningful response or supplement its responses to Plaintiff’s
 5      meet and confer efforts. Moreover, Defendant’s answers remain unresponsive and demonstrate
 6      an utter lack of compromise and participation in the informal resolution of this dispute.
 7      Accordingly, Plaintiff have no choice but to file this motion seeking the entry of an order
 8      compelling further responses, production of documents, and sanctions against Defendant and
 9      its attorneys of record pursuant to Code of Civil Procedure, section 2031.300.
10   17. Defendant has failed to provide Code-compliant responses and responsive documents to
11      Plaintiff’s Requests for Production, including but not limited to Numbers 16, 19-32 and 37-41.
12
13                                    REQUEST FOR SANCTIONS
14   18. As a result of Defendant’s failures to provide compliant responses, and the time and effort it
15      took Plaintiff to meet and confer on the problems presented by Defendant’s responses, Plaintiff
16      respectfully request that this Court award monetary sanctions for the costs associated with
17      Plaintiff’s preparation of this motion.
18   19. The total legal fees incurred of preparing the motion and supportive papers will be as follows:
19              a. I spent a total of two (2) hours drafting the instant motion (including notice of
20                  motion, memorandum of points and authorities, separate statement, this
21                  declaration, and proposed order) at my normal billing rate of $450.00 per hour, for
22                  a total of $900.00.
23              b. It is reasonably anticipated that I will spend an additional two (2) hours reviewing
24                  Defendant’s Opposition and drafting a reply to Defendant’s Opposition at my
25                  normal billing rate of $450.00 per hour, for a total of $900.00.
26              c. Finally, it is reasonably anticipated that I will spend an additional one (1) hour
27                  preparing for and attending the scheduled hearing on this matter at my normal
28                  billing rate of $450.00, for a total of $450.00.


                                                      -3-
      DECLARATION OF PHIL A THOMAS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER
                   RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
 1              d. In all, legal fees will total $2,250.00.
 2   20. Our office was forced to spend $60.00 in filing the instant motion.
 3   21. Adding up the figures above equals a total of $2,310.00. These sanctions are sought against
 4      Defendant General Motors, LLC and its counsel of record, The Erskine Law Group, PC.
 5
 6   I declare under penalty of perjury under the laws of the State of California that the foregoing is
 7   true and correct.
 8
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10          Executed February 20, 2024, in Walnut Creek, California.
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15                                                               Phil A Thomas
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                                                      -4-
      DECLARATION OF PHIL A THOMAS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER
                   RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
EXHIBIT A
 1   KNIGHT LAW GROUP, LLP
     Roger Kirnos (SBN 283163)
 2
     rogerk@knightlaw.com
 3   Amy Morse (SBN 290502)
     amyM@knightlaw.com
 4   Phil A. Thomas (SBN 248517)
     PhilT@knightlaw.com
 5
     10250 Constellation Blvd., Suite 2500
 6   Los Angeles, CA 90067
     Telephone: (310) 552-2250
 7   Fax: (310) 552-7973
 8
     Attorneys for Plaintiff(s),
 9   SHAWN AVERY

10                                  SUPERIOR COURT OF CALIFORNIA

11                                      COUNTY OF MONTEREY

12
13   SHAWN AVERY,                                      Case No.: 23CV000503
14                                                     Unlimited Jurisdiction
                    Plaintiff(s),
15                                                     PLAINTIFF(S)’ FIRST SET OF
            vs.                                        REQUESTS FOR PRODUCTION OF
16                                                     DOCUMENTS TO DEFENDANT
     GENERAL MOTORS LLC, a Delaware                    GENERAL MOTORS LLC
17   Limited Liability Company, et al.
18                                                     Date Filed: 2/16/2023
                    Defendants.                        Trial Date: December 16, 2024
19
20
21
     PROPOUNDING PARTY:                           Plaintiff(s) Shawn Avery
22
23   RESPONDING PARTY:                            General Motors LLC

24   SET NUMBER:                                  ONE
25
26          Plaintiff(s) Shawn Avery (hereinafter “Plaintiff(s)”) requests, pursuant to Code of Civil

27   Procedure section 2031.010, et seq., that Defendant General Motors LLC (hereinafter

28   “Defendant”) specifically identify all the materials within the categories stated below that are in


                                                     -1-
                  PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                   TO DEFENDANT GENERAL MOTORS LLC
 1   its possession, custody, or control, their attorneys or anyone acting on their behalf and that
 2   Defendant and its attorneys of record produce all materials within the categories specified below
 3   within thirty (30) days after service hereof to the law offices of Knight Law Group LLP, as
 4   described above or electronically.
 5
 6                                            DEFINITIONS
 7          1.      The words “YOU” and “YOUR” refer to General Motors LLC, and any related
 8   entity, predecessor, parent, subsidiary and/or affiliate, employee, agent, or any person acting or
 9   purporting to act on Defendant, General Motors LLC,’s behalf.
10          2.      The word “DOCUMENT” and “DOCUMENTS” refers to all matters that fall
11   within the definition of Evidence Code §250, and includes written or printed matter of any kind,
12   including the originals and all non-identical copies thereof, whether different from the original by
13   reason of any notation made on such copies or otherwise including, but not limited to, the
14   following: advertisements, booklets, brochures, pamphlets, circulars, notices, periodicals, papers,
15   contracts, agreements, photographs, minutes, memoranda, messages, appraisals, analyses, reports,
16   financial calculations and representations, invoices, accounting and diary entries, inventory sheets,
17   diaries, appointment books or calendars, teletypes, facsimiles, ledgers, trial balances,
18   correspondence, telegrams, press releases, notes, working papers, drawings, schedules,
19   tabulations, projections, mails, information or programs stored in a computer (whether or not ever
20   printed out or displayed), and all drafts, alterations, modifications, changes or amendments of any
21   of the foregoing, and all graphic or manual records or representations of any kind including, but
22   not limited to, the following: microfiche, microfilm, audiotapes, videotapes, recordings and
23   motion pictures, and all electronic, mechanical or electronic records or representations of any kind
24   including, but not limited to, the following: Tapes, cassettes, discs, magnetic cards and recordings.
25   “DOCUMENT” and “DOCUMENTS” expressly includes all electronic records, including, but not
26   limited to electronic communications, mail, word-processing files, computer presentations,
27   spreadsheets, and image files.
28          3.      “PERSON” includes any natural person, firm, association, organization,


                                                      -2-
                 PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                  TO DEFENDANT GENERAL MOTORS LLC
 1   partnership, business, trust, corporation, or public entity.
 2          4.      “SUBJECT VEHICLE” refers to the vehicle which is the subject of this lawsuit and
 3   identified as the 2017 Chevrolet SILVERADO 1500, VIN: 3GCUKSEJ7HG363086.
 4
 5                                   REQUESTS FOR PRODUCTION
 6   REQUEST FOR PRODUCTION NO. 1:
 7          All DOCUMENTS which YOU identified in YOUR response to Plaintiff(s)’ First Set of
 8   Special Interrogatories.
 9   REQUEST FOR PRODUCTION NO. 2:
10          All DOCUMENTS which YOU identified in YOUR response to Plaintiff(s)’ First Set of
11   Form Interrogatories.
12   REQUEST FOR PRODUCTION NO. 3:
13          All DOCUMENTS which SUPPORT YOUR contention, if any, that the defects in the
14   SUBJECT VEHICLE were the result of aftermarket modifications, unauthorized, or unreasonable
15   use.
16   REQUEST FOR PRODUCTION NO. 4:
17          All DOCUMENTS relating or referring to Plaintiff(s) and/or the SUBJECT VEHICLE.
18   REQUEST FOR PRODUCTION NO. 5:
19          All DOCUMENTS which evidence, describe, refer, or relate to any inspection of the
20   SUBJECT VEHICLE.
21   REQUEST FOR PRODUCTION NO. 6:
22          All DOCUMENTS relating to any loan or financing of the SUBJECT VEHICLE.
23   REQUEST FOR PRODUCTION NO. 7:
24          DOCUMENTS which evidence any sale contracts, lease agreements, service contracts,
25   service agreements, and warranties on the SUBJECT VEHICLE.
26   REQUEST FOR PRODUCTION NO. 8:
27          All DOCUMENTS which evidence, describe, refer, or relate to repairs or service
28   performed on the SUBJECT VEHICLE at any time and by any PERSON, including, but not


                                                       -3-
                 PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                  TO DEFENDANT GENERAL MOTORS LLC
 1   limited to, service request DOCUMENTS, repair orders, invoices, labor receipts, parts order
 2   forms, computer printouts, parts receipts, canceled checks, billing statements, and printout of the
 3   warranty repair history for the SUBJECT VEHICLE.
 4   REQUEST FOR PRODUCTION NO. 9:
 5          All DOCUMENTS which evidence, describe, refer, or relate to any communication
 6   between YOU and Plaintiff(s).
 7   REQUEST FOR PRODUCTION NO. 10:
 8          All DOCUMENTS which evidence, refer, or relate to any pre-litigation request for a refund
 9   or a repurchase of the SUBJECT VEHICLE.
10   REQUEST FOR PRODUCTION NO. 11:
11          All DOCUMENTS regarding any pre-litigation repurchase analysis performed by YOU
12   regarding the SUBJECT VEHICLE.
13   REQUEST FOR PRODUCTION NO. 12:
14          All DOCUMENTS which evidence or describe any CONTACT between YOU and any
15   other PERSON, other than YOUR attorney, regarding the SUBJECT VEHICLE.
16   REQUEST FOR PRODUCTION NO. 13:
17          All DOCUMENTS which evidence or describe any CONTACT between YOU and YOUR
18   authorized dealerships regarding the SUBJECT VEHICLE.
19   REQUEST FOR PRODUCTION NO. 14:
20          All DOCUMENTS reviewed by YOU in response to the pre-litigation repurchase request
21   for the SUBJECT VEHICLE.
22   REQUEST FOR PRODUCTION NO. 15:
23          Each written warranty provided by YOU for the SUBJECT VEHICLE.
24   REQUEST FOR PRODUCTION NO. 16:
25          All of YOUR warranty claims policy and procedure manual(s) from 2018 to the present.
26   REQUEST FOR PRODUCTION NO. 17:
27          YOUR workshop manual(s) for the SUBJECT VEHICLE.
28   REQUEST FOR PRODUCTION NO. 18:


                                                     -4-
                 PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                  TO DEFENDANT GENERAL MOTORS LLC
 1          The operative Franchise Agreement, if any, on the date of sale of the SUBJECT VEHICLE
 2   between YOU and the dealership that sold the SUBJECT VEHICLE to Plaintiff(s).
 3   REQUEST FOR PRODUCTION NO. 19:
 4          All DOCUMENTS which describe the procedures used by YOU for evaluating and
 5   responding to complaints by California consumers regarding vehicles YOU manufactured or
 6   distributed since 2018.
 7   REQUEST FOR PRODUCTION NO. 20:
 8          All DOCUMENTS which describe policies, procedures, and/or instructions since 2018 that
 9   YOUR employees and agents should follow when evaluating a customer request for a refund of
10   their money paid towards or owed on a motor vehicle manufactured or distributed by YOU.
11   REQUEST FOR PRODUCTION NO. 21:
12          All DOCUMENTS describing YOUR policies, procedures, or guidelines for determining
13   whether a vehicle is eligible for a vehicle repurchase pursuant to the Song-Beverly Act since2018.
14   REQUEST FOR PRODUCTION NO. 22:
15          All training materials regarding the handling of consumer requests for a vehicle repurchase
16   in California since 2018.
17   REQUEST FOR PRODUCTION NO. 23:
18          All training materials for YOUR employees or agents tasked with determining whether a
19   vehicle is eligible or a vehicle repurchase pursuant to the Song-Beverly Act since 2018.
20   REQUEST FOR PRODUCTION NO. 24:
21          All scripts and flow charts that YOU utilize in handling California consumer requests for
22   a vehicle repurchase or replacement since 2018.
23   REQUEST FOR PRODUCTION NO. 25:
24          All DOCUMENTS describing YOUR policies, procedures, and parameters for
25   determining what constitutes a repair presentation to determine eligibility for a vehicle repurchase
26   pursuant to the Song-Beverly Act since 2018.
27   REQUEST FOR PRODUCTION NO. 26:
28          All DOCUMENTS describing YOUR policies, procedures, and parameters for


                                                     -5-
                 PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                  TO DEFENDANT GENERAL MOTORS LLC
 1   determining what constitutes a “non-conformity” to determine eligibility for a vehicle repurchase
 2   pursuant to the Song-Beverly Act since 2018.
 3   REQUEST FOR PRODUCTION NO. 27:
 4          All DOCUMENTS describing YOUR policies, procedures, and parameters for
 5   determining what constitutes a “substantial impairment” of a vehicle’s use, value, or safety to
 6   determine eligibility for a vehicle repurchase pursuant to the Song-Beverly Act since 2018.
 7   REQUEST FOR PRODUCTION NO. 28:
 8          All DOCUMENTS describing YOUR policies, procedures, and parameters for defining
 9   what constitutes a “reasonable number of repair attempts” to determine eligibility for a vehicle
10   repurchase pursuant to the Song-Beverly Act since 2018.
11   REQUEST FOR PRODUCTION NO. 29:
12          All DOCUMENTS describing YOUR policies, procedures, and parameters for establishing
13   the turn-around time to respond to a vehicle repurchase request pursuant to the Song-Beverly Act
14   since 2018.
15   REQUEST FOR PRODUCTION NO. 30:
16          All DOCUMENTS that YOU utilize to determine whether a vehicle is eligible for a
17   repurchase pursuant to the Song-Beverly Act since 2018.
18   REQUEST FOR PRODUCTION NO. 31:
19          All DOCUMENTS which evidence or describe YOUR policies, procedures and/or
20   instructions since 2018 which YOUR authorized repair facilities should follow regarding customer
21   requests for a refund of the price paid for a vehicle pursuant to the Song-Beverly Act.
22   REQUEST FOR PRODUCTION NO. 32:
23          All DOCUMENTS describing YOUR policies and procedures from 2018 to the present for
24   proactively complying with the Song-Beverly Act in California by offering a repurchase or
25   replacement of a qualifying vehicle without a consumer request to do so.
26   REQUEST FOR PRODUCTION NO. 33:
27          All Technical Service Bulletins which have been issued for the same year, make, and model
28   as the SUBJECT VEHICLE.


                                                     -6-
                   PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                    TO DEFENDANT GENERAL MOTORS LLC
 1   REQUEST FOR PRODUCTION NO. 34:
 2          All Recalls which have been issued for the same year, make, and model as the SUBJECT
 3   VEHICLE.
 4   REQUEST FOR PRODUCTION NO. 35:
 5          All Field Service Actions which have been issued for the same year, make, and model as
 6   the SUBJECT VEHICLE.
 7   REQUEST FOR PRODUCTION NO. 36:
 8          All Special Service Messages that have been issued for the same year, make, and model as
 9   the SUBJECT VEHICLE.
10   REQUEST FOR PRODUCTION NO. 37:
11          DOCUMENTS sufficient to identify all of YOUR OBDII codes for the same year, make,
12   and model as the SUBJECT VEHICLE.
13   REQUEST FOR PRODUCTION NO. 38:
14          DOCUMENTS sufficient to show all of YOUR vehicle symptom codes for the same year,
15   make, and model as the SUBJECT VEHICLE.
16   REQUEST FOR PRODUCTION NO. 39:
17          DOCUMENTS sufficient to show all of YOUR vehicle component repair codes for the
18   same year, make, and model as the SUBJECT VEHICLE.
19   REQUEST FOR PRODUCTION NO. 40:
20          DOCUMENTS sufficient to show all of YOUR customer complaint codes from 2018 to
21   present.
22   REQUEST FOR PRODUCTION NO. 41:
23          DOCUMENTS sufficient to show all labor operation codes provided by YOU to YOUR
24   authorized dealerships from 2018 to present.
25   REQUEST FOR PRODUCTION NO. 42:
26          DOCUMENTS evidencing YOUR policies for categorization or binning of customer
27   complaints within YOUR warranty databases from 2018 to present.
28   ///


                                                    -7-
                PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                 TO DEFENDANT GENERAL MOTORS LLC
 1   REQUEST FOR PRODUCTION NO. 43:
 2          DOCUMENTS evidencing YOUR categorization or binning of warranty repairs within
 3   YOUR warranty databases from 2018 to present.
 4   REQUEST FOR PRODUCTION NO. 44:
 5          All correspondence that YOU received from the California Department of Consumer
 6   Affairs regarding the sufficiency of YOUR third-party dispute resolution process from 2018 to the
 7   present.
 8   REQUEST FOR PRODUCTION NO. 45:
 9          All DOCUMENTS evidencing complaints by owners of the 2017 Chevrolet SILVERADO
10   1500 vehicle regarding any of the complaints that the SUBJECT VEHICLE was presented to
11   YOUR or YOUR authorized repair facilities for repair during the warranty period.
12   REQUEST FOR PRODUCTION NO. 46:
13          All DOCUMENTS evidencing warranty repairs to 2017 Chevrolet SILVERADO 1500
14   vehicles regarding any of the components that YOU or YOUR authorized repair facilities
15   performed repairs on under warranty.
16
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18   Dated: November 28, 2023                    KNIGHT LAW GROUP, LLP
19
20
21                                               Phil A. Thomas (SBN 248517)
                                                 Attorneys for Plaintiff(s),
22                                               SHAWN AVERY
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                                                    -8-
                PLAINTIFF(S)’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
                                 TO DEFENDANT GENERAL MOTORS LLC
EXHIBIT B
 1   Mary Arens McBride, Esq. (SBN: 282459)
     Claudia Gavrilescu, Esq. (SBN: 333030)
 2   ERSKINE LAW GROUP, APC
     1592 N. Batavia St., Suite 1A
 3   Orange, CA 92867
     Tel: (949) 777-6032
 4   Fax: (714) 844-9035
     marensmcbride@erskinelaw.com
 5   cgavrilescu@erskinelaw.com
 6   Attorneys for Defendant,
     GENERAL MOTORS LLC
 7

 8

 9                       SUPERIOR COURT OF THE STATE OF CALIFORNIA
                               FOR THE COUNTY OF MONTEREY
10

11   SHAWN AVERY,                                          Case No. 23CV000503
                                                           Unlimited Jurisdiction
12
                             Plaintiff(s),
13                                                         GENERAL MOTORS LLC’S
            v.                                             RESPONSES TO PLAINTIFF’S
14                                                         REQUESTS FOR PRODUCTION, SET
     GENERAL MOTORS LLC, a Delaware                        ONE
15   Limited Liability Company, et al.,
                                                           Date Filed: February 16, 2023
16                                                         Trial Date: December 16, 2024
                             Defendants.
17

18

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     PROPOUNDING PARTY: PLAINTIFF(S) SHAWN AVERY
20   RESPONDING PARTY:               DEFENDANT GENERAL MOTORS LLC
21   SET NUMBER:                     ONE
22
                    GENERAL MOTORS LLC’S RESPONSES TO PLAINTIFF’S
23                       REQUESTS FOR PRODUCTION, SET ONE

24
            GENERAL MOTORS LLC (“GM”) responds to Plaintiff’s Requests for Production, Set
25
     One as follows:
26
            GM’s responses are subject to its General Objections and any specific objection in an
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     individual response. These responses are complete based upon information reasonably available to
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                                                          1
                       GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   GM at this time. GM has not completed its investigation or discovery in this matter, so GM reserves

 2   the right to amend or supplement its responses and to present subsequently discovered facts or

 3   evidence at trial. GM also reserves the right to object to future discovery on the same or related

 4   matters and to object to the admissibility of any response or document produced, in whole or in part,

 5   at the trial in this action, on any grounds, including without limitation materiality, relevance, and

 6   privilege.

 7                                       GENERAL OBJECTIONS

 8          These objections are incorporated into GM’s response to each Request below:

 9          (a)     GM objects to the Requests to the extent they seek information beyond GM’s

10   possession, custody, or control. These responses are made on behalf of GM only. GM objects to

11   this discovery to the extent it seeks information from any other entity.

12          (b)     GM objects to the Requests to the extent they seek information about vehicles,

13   systems, or components other than the systems or components in the 2017 Chevrolet Silverado,

14   VIN: 3GCUKSEJ7HG363086 (the “SUBJECT VEHICLE”). Any such Requests are overbroad,

15   unduly burdensome, and not relevant to the subject matter of this action or reasonably calculated to

16   lead to the discovery of admissible evidence.

17          (c)     GM objects to the Requests to the extent they seek information protected by attorney-

18   client privilege, the work-product doctrine, and/or California Code of Civil Procedure Section

19   2034.010, et seq.

20          (d)     GM objects to the Requests to the extent they seek confidential, proprietary,

21   competitively sensitive and/or trade secret information.

22

23                        RESPONSES TO REQUESTS FOR PRODUCTION

24

25   REQUEST FOR PRODUCTION NO. 1:

26          All DOCUMENTS which YOU identified in YOUR response to Plaintiff(s)’ First Set of

27   Special Interrogatories.

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                                                        2
                     GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   RESPONSE TO REQUEST FOR PRODUCTION NO. 1:

 2          GM objects to this Request as duplicative of other requests.

 3          Subject to and without waiving its objections, GM will comply in whole and produce non-

 4   privileged documents referenced in its answers to Plaintiff’s Special Interrogatories, to the extent

 5   they have not already been produced in response to these Requests.

 6

 7   REQUEST FOR PRODUCTION NO. 2:

 8          All DOCUMENTS which YOU identified in YOUR response to Plaintiff(s)’ First Set of

 9   Form Interrogatories.

10   RESPONSE TO REQUEST FOR PRODUCTION NO. 2:

11          GM objects to this Request as duplicative of other requests.

12          Subject to and without waiving its objections, GM will comply in whole and produce all

13   documents that GM identified in response to Plaintiff’s First Set of Form Interrogatories that are

14   within its possession, custody or control.

15

16   REQUEST FOR PRODUCTION NO. 3:

17          All DOCUMENTS which SUPPORT YOUR contention, if any, that the defects in the

18   SUBJECT VEHICLE were the result of aftermarket modifications, unauthorized, or unreasonable

19   use.

20   RESPONSE TO REQUEST FOR PRODUCTION NO. 3:

21          GM objects to this Request on grounds the terms "SUPPORT," "defects," "aftermarket

22   modifications," and "unauthorized, or unreasonable use" are overbroad, vague and ambiguous. GM

23   also objects to this Request on grounds it assumes facts not in evidence; specifically, that there are

24   defects with respect to the SUBJECT VEHICLE. GM also objects to this Request to the extent it

25   seeks documents beyond GM's possession, custody or control. GM further objects to this Request

26   to the extent it seeks information protected by the attorney-client privilege and/or work-product

27   doctrine.

28          Subject to and without waiving its objections, GM states that this Request is premature, as

                                                        3
                     GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   GM has not had the opportunity to inspect the SUBJECT VEHICLE or depose the Plaintiff. The

 2   discovery process is on-going, and GM is still investigating this matter and may not yet be aware of

 3   all documents regarding this issue. GM reserves the right to supplement or amend its responses

 4   during the course of this proceeding.

 5

 6   REQUEST FOR PRODUCTION NO. 4:

 7          All DOCUMENTS relating or referring to Plaintiff(s) and/or the SUBJECT VEHICLE.

 8   RESPONSE TO REQUEST FOR PRODUCTION NO. 4:

 9          GM objects to this Request as the terns "relating or referring to" are vague and ambiguous.

10   GM also objects as this Request is overbroad, unduly burdensome, and seeks information that is

11   irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. GM also

12   objects to this Request to the extent it seeks documents beyond GM's possession, custody or control.

13   GM further objects to this Request to the extent it seeks information protected by the attorney-client

14   privilege and/or work-product doctrine.

15          Subject to and without waiving its objections, GM will comply in part and produce the

16   following responsive documents in its possession, custody or control: any incidentally obtained

17   repair orders, the Global Warranty History Report, the Service Request Activity Report(s), the CA

18   CEC case assessment worksheet(s), Repair Order Details, Repair Order Summary, and purchase or

19   lease agreement (if in GM's possession) applicable to the SUBJECT VEHICLE.

20

21   REQUEST FOR PRODUCTION NO. 5:

22          All DOCUMENTS which evidence, describe, refer, or relate to any inspection of the

23   SUBJECT VEHICLE.

24   RESPONSE TO REQUEST FOR PRODUCTION NO. 5:

25          GM objects to this Request on grounds the terms "evidence, describe, refer, or relate to" are

26   overbroad, vague and ambiguous. GM also objects to this Request on grounds it seeks documents

27   and information not within GM's possession, custody, or control. GM also objects to this Request

28   on grounds it is overbroad, unduly burdensome, and not reasonably calculated to lead to the

                                                        4
                     GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   discovery of admissible evidence, as it is not limited in scope to Plaintiff’s alleged concerns with

 2   the SUBJECT VEHICLE. GM also objects to this Request to the extent it presumes that GM has

 3   examined, tested, or inspected the SUBJECT VEHICLE after it left GM's custody or control. To the

 4   extent it seeks documents regarding any examination, test, or inspection GM performed on the

 5   SUBJECT VEHICLE before it left GM's custody or control, GM objects to this Request as

 6   overbroad, unduly burdensome, oppressive, and not relevant or reasonably calculated to lead to the

 7   discovery of admissible evidence. Moreover, GM objects to the production of any document

 8   regarding any pre-sale examination, test, or inspection without the entry of a Protective Order, as

 9   this Request, as phrased, could be interpreted to seek confidential, proprietary, and trade secret

10   information. Finally, GM objects to this Request to the extent it seeks information protected by the

11   attorney-client privilege and/or work-product doctrine.

12          Subject to and without waiving these objections, GM will comply in part and produce the

13   following documents in its possession, custody or control: the Global Warranty History Report, the

14   Service Request Activity Report(s), and any incidentally obtained repair orders applicable to the

15   SUBJECT VEHICLE.

16

17   REQUEST FOR PRODUCTION NO. 6:

18          All DOCUMENTS relating to any loan or financing of the SUBJECT VEHICLE.

19   RESPONSE TO REQUEST FOR PRODUCTION NO. 6:

20          GM objects to this Request on grounds the terms "relating to" and "financing" are overbroad,

21   vague and ambiguous. GM also objects to this Request on grounds such documents are equally

22   available to Plaintiff, or already in Plaintiff’s possession. GM also objects to this Request on grounds

23   it seeks documents beyond GM's possession, custody or control (e.g., documents within the

24   possession of the dealership, owned and operated independently of GM, who sold or leased the

25   SUBJECT VEHICLE to Plaintiff), as GM was not a party to the transaction through which Plaintiff

26   acquired the SUBJECT VEHICLE. GM also objects to this Request on grounds it is overbroad,

27   unduly burdensome, oppressive, and seeks documents that are irrelevant and not reasonably

28   calculated to lead to the discovery of admissible evidence, as it is not limited to the issues in this

                                                         5
                      GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   action.

 2             Subject to and without waiving these objections, GM will comply in part and produce the

 3   following documents in its possession, custody, or control: the purchase or lease contract that GM

 4   may have obtained from the dealership who sold the SUBJECT VEHICLE to Plaintiff.

 5

 6   REQUEST FOR PRODUCTION NO. 7:

 7             DOCUMENTS which evidence any sale contracts, lease agreements, service contracts,

 8   service agreements, and warranties on the SUBJECT VEHICLE.

 9   RESPONSE TO REQUEST FOR PRODUCTION NO. 7:

10             GM objects to this Request on grounds the term "evidence" is overbroad, vague and

11   ambiguous. GM also objects to this Request on grounds it seeks documents beyond GM's

12   possession, custody or control (e.g., documents within the possession of the dealership, owned and

13   operated independently of GM, who sold or leased the SUBJECT VEHICLE to Plaintiff), as GM

14   was not a party to the transaction through which Plaintiff acquired the SUBJECT VEHICLE. GM

15   also objects to this Request on grounds it is overbroad, unduly burdensome, oppressive, and seeks

16   documents that are irrelevant and not reasonably calculated to lead to the discovery of admissible

17   evidence as it is not limited to the issues in this action.

18             Subject to and without waiving these objections, GM will comply in part and produce the

19   following documents in its possession, custody, or control: the purchase or lease contract that GM

20   may have obtained from the dealership who sold or leased the SUBJECT VEHICLE to Plaintiff,

21   and the New Vehicle Limited Warranty applicable to the SUBJECT VEHICLE.

22

23   REQUEST FOR PRODUCTION NO. 8:

24             All DOCUMENTS which evidence, describe, refer, or relate to repairs or service performed

25   on the SUBJECT VEHICLE at any time and by any PERSON, including, but not limited to, service

26   request DOCUMENTS, repair orders, invoices, labor receipts, parts order forms, computer

27   printouts, parts receipts, canceled checks, billing statements, and printout of the warranty repair

28   history for the SUBJECT VEHICLE.

                                                          6
                       GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   RESPONSE TO REQUEST FOR PRODUCTION NO. 8:

 2          GM objects to this Request as the terms "evidence, describe, refer, or relate", and "repairs or

 3   service" are vague and ambiguous. GM also objects to this Request on grounds it seeks documents

 4   beyond GM's possession, custody or control (e.g., repairs orders within the possession of dealerships

 5   owned and operated independently of GM). GM also objects as this Request is overbroad, unduly

 6   burdensome, and seeks information that is irrelevant and not reasonably calculated to lead to the

 7   discovery of admissible evidence, as it is not limited to Plaintiff’s concerns related to the SUBJECT

 8   VEHICLE at issue in this litigation. GM also objects to this Request to the extent it seeks

 9   confidential, proprietary and trade secret information. GM further objects to this Request to the

10   extent it seeks information that may be protected by the attorney-client privilege and the attorney

11   work-product doctrine.

12          Subject to and without waiving these objections, GM will comply in part and produce the

13   following documents in its possession, custody or control: any incidentally obtained repair orders,

14   the Service Request Activity Report(s) and the Global Warranty History Report applicable to the

15   SUBJECT VEHICLE.

16

17   REQUEST FOR PRODUCTION NO. 9:

18          All DOCUMENTS which evidence, describe, refer, or relate to any communication between

19   YOU and Plaintiff(s).

20   RESPONSE TO REQUEST FOR PRODUCTION NO. 9:

21          GM objects to this Request on grounds the terms "evidence, describe, refer, or relate to" are

22   overbroad, vague and ambiguous. GM also objects to this Request on grounds such documents are

23   equally available to Plaintiff, or already in Plaintiff’s possession. GM also objects to this Request

24   on grounds it is overbroad, unduly burdensome, oppressive, and seeks documents that are irrelevant

25   and not reasonably calculated to lead to the discovery of admissible evidence, as it is not limited to

26   the SUBJECT VEHICLE or issues in this action. GM also objects to the extent this Request seeks

27   confidential, proprietary and trade secret information. GM further objects to this Request to the

28   extent it seeks information protected by the attorney-client privilege and/or work-product doctrine.

                                                        7
                     GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1          Subject to and without waiving these objections, GM will comply in part and produce the

 2   following responsive documents in its possession, custody, or control: the Global Warranty History

 3   Report, the Service Request Activity Report(s), and any incidentally obtained repair orders

 4   applicable to the SUBJECT VEHICLE. Those documents identify the individuals, communications,

 5   and transactions, including dates and times, of which GM is familiar regarding the SUBJECT

 6   VEHICLE.

 7

 8   REQUEST FOR PRODUCTION NO. 10:

 9          All DOCUMENTS which evidence, refer, or relate to any pre-litigation request for a refund

10   or a repurchase of the SUBJECT VEHICLE.

11   RESPONSE TO REQUEST FOR PRODUCTION NO. 10:

12          GM objects to this Request on grounds the term "evidence, describe, refer, or relate to" is

13   overbroad, vague and ambiguous. GM also objects to this Request on grounds such documents are

14   equally available to Plaintiff, or already in Plaintiff’s possession. GM also objects to the extent this

15   Request seeks confidential, proprietary and trade secret information. GM further objects to this

16   Request to the extent it seeks information protected by the attorney-client privilege and/or work-

17   product doctrine.

18          Subject to and without waiving these objections, GM will comply in part and will produce

19   the following responsive documents in its possession, custody, or control: the Service Request

20   Activity Report(s) applicable to the SUBJECT VEHICLE.

21

22   REQUEST FOR PRODUCTION NO. 11:

23          All DOCUMENTS regarding any pre-litigation repurchase analysis performed by YOU

24   regarding the SUBJECT VEHICLE.

25   RESPONSE TO REQUEST FOR PRODUCTION NO. 11:

26          GM objects to this Request to the extent it seeks information protected by the attorney-client

27   privilege and/or work-product doctrine. Subject to and without waiving these objections, GM will

28   comply in part and will produce the following responsive documents in its possession, custody, or

                                                         8
                      GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   control: the Service Request Activity Report(s) applicable to the SUBJECT VEHICLE.

 2

 3   REQUEST FOR PRODUCTION NO. 12:

 4          All DOCUMENTS which evidence or describe any CONTACT between YOU and any other

 5   PERSON, other than YOUR attorney, regarding the SUBJECT VEHICLE.

 6   RESPONSE TO REQUEST FOR PRODUCTION NO. 12:

 7          GM objects to this Request on grounds the terms "evidence or describe" and "CONTACT"

 8   are overbroad, vague and ambiguous. GM also objects to this Request on grounds it is overbroad,

 9   unduly burdensome, oppressive, and seeks documents that are irrelevant and not reasonably

10   calculated to lead to the discovery of admissible evidence, as it is not limited to the issues in this

11   action. GM further objects to the extent this Request seeks confidential, proprietary and trade secret

12   information.

13          Subject to and without waiving these objections, GM will comply in part and will produce

14   the following responsive documents in its possession, custody, or control: the Global Warranty

15   History Report, the Service Request Activity Report(s), and any incidentally obtained repair orders

16   applicable to the SUBJECT VEHICLE. Those documents identify the individuals, communications,

17   and transactions, including dates and times, of which GM is familiar regarding the SUBJECT

18   VEHICLE.

19

20   REQUEST FOR PRODUCTION NO. 13:

21          All DOCUMENTS which evidence or describe any CONTACT between YOU and YOUR

22   authorized dealerships regarding the SUBJECT VEHICLE.

23   RESPONSE TO REQUEST FOR PRODUCTION NO. 13:

24          GM objects to this Request as the terms "evidence or describe" and "CONTACT" are vague

25   and ambiguous. GM also objects to this Request on grounds it is overbroad, unduly burdensome,

26   vague, ambiguous, oppressive, irrelevant and not reasonably calculated to lead to the discovery of

27   admissible evidence, as it is not limited to the issues in this action. GM also objects to this Request

28   to the extent it seeks confidential, proprietary and trade secret information. GM further objects to

                                                        9
                     GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   this Request to the extent it seeks information protected by the attorney-client privilege and/or work-

 2   product doctrine.

 3          Subject to and without waiving its objections, GM will comply in part and produce the

 4   following responsive documents in its possession, custody or control: any incidentally obtained

 5   repair orders, the Global Warranty History Report, and the Service Request Activity Report(s)

 6   applicable to the SUBJECT VEHICLE. Those documents identify the individuals, communications,

 7   and transactions, including dates and times, of which GM is familiar regarding the SUBJECT

 8   VEHICLE.

 9

10   REQUEST FOR PRODUCTION NO. 14:

11          All DOCUMENTS reviewed by YOU in response to the pre-litigation repurchase request

12   for the SUBJECT VEHICLE.

13   RESPONSE TO REQUEST FOR PRODUCTION NO. 14:

14          GM objects to this Request on grounds the term "reviewed" is overbroad, vague and

15   ambiguous. GM also objects to this Request to the extent it seeks confidential, proprietary and trade

16   secret information. GM further objects to this Request to the extent it seeks information protected

17   by the attorney-client privilege and/or work-product doctrine.

18          Subject to and without waiving these objections, GM will comply in part and produce the

19   following documents in its possession, custody, or control: the New Vehicle Limited Warranty, the

20   Global Warranty History Report, the Service Request Activity Report(s), and any incidentally

21   obtained repair orders applicable to the SUBJECT VEHICLE.

22

23   REQUEST FOR PRODUCTION NO. 15:

24          Each written warranty provided by YOU for the SUBJECT VEHICLE.

25   RESPONSE TO REQUEST FOR PRODUCTION NO. 15:

26          GM will comply in whole and produce the following documents in its possession, custody,

27   or control: the New Vehicle Limited Warranty Booklet applicable to the SUBJECT VEHICLE.

28

                                                        10
                     GM’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION, SET «SETNUMBER»
 1   REQUEST FOR PRODUCTION NO. 16:

 2          All of YOUR warranty claims policy and procedure manual(s) from 2018 to the present.

 3   RESPONSE TO REQUEST FOR PRODUCTION NO. 16:

 4