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1 Raymond P. Boucher, State Bar No. 115364
ray@boucher.la
2 Maria L. Weitz, State Bar No. 268100
weitz@boucher.la
3 Neal Butala, State Bar No. 289197
butala@boucher.la
4 BOUCHER LLP
21600 Oxnard Street, Suite 600
5 Woodland Hills, California 91367-4903
Tel: (818) 340-5400
6 Fax: (818) 340-5401
7 Steve Mikhov, Esq., State Bar No. 224676
stevem@knightlaw.com
8 Amy Morse, Esq., State Bar No. 290502
amym@knightlaw.com
08/04/2020
9 KNIGHT LAW GROUP LLP
10250 Constellation Boulevard, Suite 2500
10 Los Angeles, CA 90067
Tel: (310) 552-2250
11 Fax: (310) 552-7973
12 Attorneys for Plaintiff, Jerry Michael
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF PLACER
15
16 JERRY A. MICHAEL, Case No. S-CV-0042129
17 Plaintiff, DECLARATION OF NEAL BUTALA IN
SUPPORT OF PLAINTIFF'S MOTION
18 v. TO COMPEL FURTHER DISCOVERY
RESPONSES TO PLAINTIFF'S THIRD
19 FCA US LLC, a Delaware Limited Liability SET OF REQUEST FOR PRODUCTION
Company; AUBURN CDJR, INC., a OF DOCUMENTS FROM DEFENDANT,
20 California Corporation, dba AUBURN AND REQUEST FOR SANCTIONS
CHRYSLER DODGE JEEP RAM; and DOES
21 1 through 10, inclusive, Filed Concurrently with [Notice of Motion,
Memorandum of Points and
22 Defendants. Authorities, Separate Statement, and
[Proposed] Order]
23
Date: August 28, 2020
24 Time: 8:30AM
Dept.: 3
25
Action Filed: November 14, 2018
26 Trial Date: October 19, 2020
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DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER
RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS
1 I, Neal Butala, declare as follows:
2 1. I am an attorney duly licensed to practice law before all of the courts of the State of
3 California. I am an associate at the law firm of Boucher, LLP, attorneys of record for Plaintiff
4 JERRY A. MICHAEL. I have personal knowledge of the following facts, and, if called to testify
5 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 Discovery
7 Responses to Plaintiff’s Third Set of Requests for Production of Documents from Defendants and
8 Request for Sanctions.
9 3. Plaintiff was the unfortunate purchaser of a 2015 Dodge Ram 1500 (the “Subject
10 Vehicle”) manufactured and warranted by Defendant FCA US LLC (“FCA”) and repaired by
11 Auburn CDJR, Inc. ("Auburn") (collectively referred to as "Defendants" or individually as
12 "Defendant"). Shortly after purchasing the Subject Vehicle, Plaintiff was forced to deliver it for
13 repair numerous times for recurring and unpredictable defects, including electrical and mechanical
14 problems with the engine, among other things. Defendants were unable to repair the Subject
15 Vehicle’s defects and the Subject Vehicle was ultimately consumed by a spontaneous vehicle fire
16 while being driven by Plaintiff on the highway and despite Plaintiff’s frequent repair visits.
17 Defendants failed to make a prompt offer to repurchase or replace the vehicle in accordance with
18 the Song-Beverly Act. Left with no other choice, Plaintiff filed suit for Defendants' alleged
19 violations of the Song-Beverly Consumer Warranty Act, Negligent Repair, and Fraudulent
20 Inducement. During the pendency of the litigation Defendants sent Plaintiff recall notice 19V-757
21 ("Recall Notice") to repair defects with the exhaust gas recirculation cooler ("EGR") in the Subject
22 Vehicle's 3.0L EcoDiesel Engine ("Engine"). The recall notice specifically states that defects with
23 the EGR can lead to vehicle fires if not repaired.
24 PLAINTIFF’S REQUESTS AND DEFENDANT’S INADEQUATE RESPONSES
25 4. In preparation for trial and possible settlement, on May 19, 2020, Plaintiff propounded
26 on Defendants Plaintiff’s Third Set of Requests for Production of Documents (“Plaintiff’s RFPs”).
27 Plaintiff’s RFPs seek documents evidencing warranty repairs and recalls involving specific defects
28 and nonconformities as set forth in the Subject Vehicle’s own repair orders produced by
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DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER
RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS
1 Defendant and Recall Notice 19V-757 sent to Plaintiff by Defendants. Plaintiff’s RFPs also seek
2 documents evidencing the number of Dodge Ram 1500 vehicles repurchased by Defendant in
3 California for warranty repairs and recalls involving specific defects and nonconformities as set
4 forth in the Subject Vehicle’s own repair orders and Recall 19V-757. Attached hereto as Exhibit
5 A is a true and correct copy of Plaintiff’s Third Set of Requests for Production of Documents.
6 5. On June 22, 2020, Defendants e-mailed their responses to Plaintiff’s RFPs, but failed to
7 provide Code-compliant responses. Instead, in response to Plaintiff’s RFPs, Defendants asserted
8 evasive objections that Plaintiff’s requests are overly broad, vague, ambiguous, irrelevant,
9 burdensome and lack specificity so as to allow Defendants to search for responsive documents.
10 Attached hereto as Exhibit B is a true and correct copy of Defendants' responses to Plaintiff’s
11 RFPs.
12 PLAINTIFF’S EFFORTS TO PROPERLY ENGAGE IN THE MEET-AND-CONFER
13 PROCESS HAVE BEEN UNSUCCESSFUL
14 6. On June 11, 2020 Defendants contacted Plaintiff about a trial continuance. On July 3,
15 2020 Plaintiff agreed to Defendants' proposed trial continuance to provide Plaintiff an opportunity
16 to complete his discovery. Defendants replied that they would only agree to a trial continuance but
17 would not agree to continue discovery cut-off. Attached hereto as Exhibit C is a true and correct
18 copy of the e-mail exchange with Defendants' counsel about the proposed trial continuance. On
19 July 9, 2020 Plaintiff moved the Court ex parte trial continuance.
20 7. On July 10, 2020, Plaintiff began the meet and confer process by sending a letter to
21 Defendant specifying the deficiencies in Defendant’s responses to Plaintiff’s RFPs and requesting
22 that they be corrected. A true and correct copy of that letter is attached hereto as Exhibit D.
23 8. On July 15, 2020, Defendant sent Plaintiff an e-mail stating that a response to Plaintiff's
24 Meet and Confer letter would be provided no later than July 31, 2020 and that Plaintiff was given
25 an extension until August 21, 2020 to file appropriate motions to compel. A true and correct copy
26 of that e-mail is attached hereto as Exhibit E.
27 9. On July 31, 2020 Defendants sent a meet and confer letter stating Defendants agree to
28 search their database for specific terms identified by Plaintiff relating to other Dodge Ram 1500
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DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER
RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS
1 vehicles, subject to many limitations, including that the search would only be limited to 2015
2 Dodge Ram 1500 vehicles. However, Defendants failed to provide any legal authority for this
3 excessive limitation. A true and correct copy of Defendants' letter is attached hereto as Exhibit F.
4 10. To date, Defendant has failed to provide substantive responses to Plaintiff’s meet and
5 confer letter, and has failed to produce additional responsive documents. Despite Plaintiff’s efforts
6 to informally resolve the disputes, the deficiencies with Defendant’s responses remain unresolved.
7 The filing of Plaintiff’s motion is necessary to ensure that Plaintiff receives the responses he is
8 entitled to in order to effectively prepare this matter for trial.
9 REQUEST FOR SANCTIONS
10 11. As a result of Defendant’s failures to provide compliant responses and continued abuse
11 of the discovery process, and the time and effort it took Plaintiff to meet and confer on the
12 problems presented by Defendant’s responses, Plaintiff respectfully requests that this Court award
13 monetary sanctions for the costs associated with Plaintiff’s preparation of this motion.
14 12. The total legal fees incurred of preparing the motion and supportive papers will be as
15 follows:
16 a. I spent a total of five (5) hours drafting the instant motion (including notice of
17 motion, memorandum of points and authorities, separate statement, this declaration,
18 and proposed order) at her normal billing rate of $450.00 per hour, for a total of
19 $2,790.00.
20 b. It is reasonably anticipated that I will spend an additional two (2) hours
21 reviewing Defendant’s Opposition and drafting a reply to Defendant’s Opposition
22 at my normal billing rate of $450.00 per hour, for a total of $900.00.
23 c. In all, legal fees will total $3,690.00.
24 13. Our office was forced to spend $60.00 in filing the instant motion.
25 14. Adding up the figures above equals a total of $3,750.00. These sanctions are sought
26 against Defendants and their counsel of record, Universal & Shannon, LLP.
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DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER
RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct.
3 Executed August 4, 2020, in Woodland Hills, California.
4
5 BOUCHER LLP
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By:
8 RAYMOND P. BOUCHER
MARIA L. WEITZ
9 NEAL BUTALA
Attorneys for Plaintiff, Jerry Michael
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DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER
RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS
EXHIBIT A
1 Raymond P. Boucher, State Bar No. 115364
ray@boucher.la
2 Maria L. Weitz, State Bar No. 268100
weitz@boucher.la
3 Neal Butala, State Bar No. 289197
butala@boucher.la
4 BOUCHER LLP
21600 Oxnard Street, Suite 600
5 Woodland Hills, California 91367-4903
Tel: (818) 340-5400
6 Fax: (818) 340-5401
7 Steve Mikhov, Esq., State Bar No. 224676
stevem@knightlaw.com
8 Amy Morse, Esq., State Bar No. 290502
amym@knightlaw.com
9 KNIGHT LAW GROUP LLP
10250 Constellation Boulevard, Suite 2500
10 Los Angeles, CA 90067
Tel: (310) 552-2250
11 Fax: (310) 552-7973
12 Attorneys for Plaintiff, Jerry Michael
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF PLACER
15
16 JERRY A. MICHAEL, Case No. S-CV-0042129
17 Plaintiff, PLAINTIFF'S SECOND SET OF
REQUESTS FOR PRODUCTION OF
18 v. DOCUMENTS TO DEFENDANT, FCA US
LLC
19 FCA US LLC, a Delaware Limited Liability
Company; AUBURN CDJR, INC., a Action Filed: November 14, 2018
20 California Corporation, dba AUBURN Trial Date: July 20, 2020
CHRYSLER DODGE JEEP RAM; and DOES
21 1 through 10, inclusive,
22 Defendants.
23
24 PROPOUNDING PARTY: Plaintiff, JERRY A. MICHAEL
25 RESPONDING PARTY: Defendant, FCA UC LLC.
26 SET NUMBER: Two
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 Plaintiff JERRY A. MICHAEL (hereinafter “Plaintiff”) hereby propounds Plaintiff’s
2 Second Set of Requests for Production of Documents to Defendant, FCA US LLC. (hereinafter
3 “FCA” or “Defendant”), to be answered under oath and in full compliance with Code of Civil
4 Procedure section 2031.010.
5 JUDICIAL COUNCIL DEFINITIONS
6 The following definitions are approved by the California Judicial Council and are not
7 subject to objection:
8 1. “INCIDENT” includes the circumstances and events surrounding the alleged
9 accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding.
10 2. The words “YOU” and “YOUR” refer to FCA US LLC and/or any related entity,
11 predecessor, parent, subsidiary and/or affiliate, employee, agent (including, but not limited to, any
12 mortgage servicing agent), or any person acting or purporting to act on Defendant FCA US LLC’s
13 behalf.
14 3. The word “DOCUMENT” refers to all matters that fall within the definition of
15 Evidence Code §250, and includes written or printed matter of any kind, including the originals
16 and all non-identical copies thereof, whether different from the original by reason of any notation
17 made on such copies or otherwise including, but not limited to, the following: advertisements,
18 booklets, brochures, pamphlets, circulars, notices, periodicals, papers, contracts, agreements,
19 photographs, minutes, memoranda, messages, appraisals, analyses, reports, financial calculations
20 and representations, invoices, accounting and diary entries, inventory sheets, diaries, appointment
21 books or calendars, teletypes, facsimiles, ledgers, trial balances, correspondence, telegrams, press
22 releases, notes, working papers, drawings, schedules, tabulations, projections, mails, information
23 or programs stored in a computer (whether or not ever printed out or displayed), and all drafts,
24 alterations, modifications, changes or amendments of any of the foregoing, and all graphic or
25 manual records or representations of any kind including, but not limited to, the following:
26 microfiche, microfilm, audiotapes, videotapes, recordings and motion pictures, and all electronic,
27 mechanical or electronic records or representations of any kind including, but not limited to, the
28 following: Tapes, cassettes, discs, magnetic cards and recordings. “DOCUMENT” expressly
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 includes all ELECTRONIC RECORDS, included but, not limited to electronic mail.
2 4. “PERSON” includes any natural person, firm, association, organization,
3 partnership, business, trust, corporation, or public entity.
4 5. “ADDRESS” means the street address, including the city, state, and zip code.
5 ADDITIONAL DEFINITIONS
6 1. “SUBJECT VEHICLE” shall mean the vehicle which is the subject of this lawsuit
7 and identified as the 2015 Dodge Ram 1500, VIN: 1C6RR7LM9FS710636.
8 2. "EGR COOLER" shall refer to the exhaust gas recirculation cooler present in 2014
9 – 2019 Dodge Ram 1500 vehicles equipped with a 3.0L Eco Diesel engine.
10 3. To “IDENTIFY” an entity that is not a natural person means to state the name of
11 the entity and its present or last known business address.
12 4. To “IDENTIFY” a natural person means to state the name, present or last known
13 phone number, present or last known employer, present or last known business address, and
14 present or last known employment position held.
15 5. To “IDENTIFY” a document means to means to describe it with sufficient
16 particularity to enable it to be identified for the purposes of a Motion to Compel Production of
17 such DOCUMENT.
18 6. “CONTACT” includes any transmittal, conveyance, or exchange of information
19 between or among PERSONS by any means, whether verbal or nonverbal, tangible or intangible,
20 oral or written, and/or direct or indirect, including, without limitation, conversations, meetings,
21 statements, letters, correspondence, notes, memoranda, recordings, electronic or computer data.
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 REQUESTS FOR PRODUCTION
2 REQUEST FOR PRODUCTION NO. 106:
3 All DOCUMENTS which evidence or discuss YOUR decision to issue recall 19V-757.
4 REQUEST FOR PRODUCTION NO. 107:
5 All surveys, reports, summaries, and other DOCUMENTS in which owners of 2014 - 2019
6 Dodge Ram 1500 vehicles have reported to YOU concerns with vehicle fires.
7 REQUEST FOR PRODUCTION NO. 108:
8 All DOCUMENTS evidencing, describing, or tracking complaints by owners of 2014 -
9 2019 Dodge Ram 1500 vehicles regarding concerns with the EGR COOLER.
10 REQUEST FOR PRODUCTION NO. 109:
11 All DOCUMENTS evidencing, describing, or tracking vehicle repurchases made by YOU
12 of 2015 Dodge Ram 1500 vehicles and allegedly containing conditions, defects, or
13 nonconformities regarding concerns with the EGR COOLER.
14 REQUEST FOR PRODUCTION NO. 110:
15 All surveys, reports, summaries, and other DOCUMENTS provided by YOU to NHTSA in
16 which owners of 2014 - 2019 Dodge Ram 1500 vehicles have reported to YOU vehicle fires.
17 REQUEST FOR PRODUCTION NO. 111:
18 All DOCUMENTS evidencing and/or describing YOUR offers to consumers of vehicle
19 payments for vehicles manufactured by YOU with a defective EGR COOLER.
20 REQUEST FOR PRODUCTION NO. 112:
21 All DOCUMENTS which evidence any predictive model used to determine if a vehicle
22 equipped with the Eco Diesel 3.0L engine will be repurchased.
23 REQUEST FOR PRODUCTION NO. 113:
24 All DOCUMENTS which evidence or discuss vehicle fire concerns in 2014 – 2019 Dodge
25 Ram 1500 vehicles due to the EGR COOLER.
26 REQUEST FOR PRODUCTION NO. 114:
27 All of YOUR memorandum regarding failure rates of the EGR COOLER in the Eco Diesel
28 3.0L engine.
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 REQUEST FOR PRODUCTION NO. 115:
2 All DOCUMENTS evidencing, describing, analyzing, or tracking repair presentations by
3 owners of 2014 - 2019 Dodge Ram 1500 vehicles in which the dealer found thermal fatigue of the
4 EGR COOLER.
5 REQUEST FOR PRODUCTION NO. 116:
6 All DOCUMENTS which evidence or discuss vehicle fire concerns in 2014 – 2019 Dodge
7 Ram 1500 vehicles due to the EGR COOLER.
8 REQUEST FOR PRODUCTION NO. 117:
9 All of YOUR memorandum regarding thermal fatigue with the EGR COOLER.
10 REQUEST FOR PRODUCTION NO. 118:
11 All DOCUMENTS evidencing, describing, analyzing, or tracking repair presentations by
12 owners of 2014 – 2019 Dodge Ram 1500 vehicles in which the dealer repaired or replaced the
13 EGR COOLER.
14 REQUEST FOR PRODUCTION NO. 119:
15 All DOCUMENTS evidencing quality problems identified by YOU in the EGR COOLER
16 used in the 3.0L Eco Diesel Engine from 2014 to present.
17 REQUEST FOR PRODUCTION NO. 120:
18 All DOCUMENTS evidencing any Failure Mode and Effects Analyses (“FMEA”)
19 generated by YOU or provided to YOU concerning the 3.0L Eco Diesel engine or any of its parts,
20 components, sub-components, systems, assemblies, or sub-assemblies.
21 REQUEST FOR PRODUCTION NO. 121:
22 All DOCUMENTS from 2014 to the present date that reflect the relative frequency of
23 engine repairs (R/1000) for Dodge 1500 vehicles equipped with the 3.0L Eco Diesel engine
24 including, but not limited to, all such DOCUMENTS that reflect any comparison of other R/1000
25 rates with the frequency of 3.0L Eco Diesel engine repairs (R/1000).
26 REQUEST FOR PRODUCTION NO. 122:
27 All DOCUMENTS reflecting any written reports, recorded statements, or communications
28 made by any of YOUR employees (other than FCA's legal counsel), to any other employee (other
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 than FCA's legal counsel), that refer or relate in any manner to vehicle fire concerns associated
2 with vehicles equipped with the 3.0L Eco Diesel engine during any period (whether monthly,
3 quarterly, semi-annually, annually, or cumulatively) from 2014 to the present date.
4 REQUEST FOR PRODUCTION NO. 123:
5 All DOCUMENTS evidencing the agenda and/or the meeting minutes of each meeting at
6 which one or more quality concerns in the EGR COOLER were addressed or discussed by YOU
7 with any person other than YOUR attorney.
8 REQUEST FOR PRODUCTION NO. 124:
9 All DOCUMENTS reflecting the agenda and/or meeting minutes of each meeting at which
10 YOUR warranty spending or reacquired vehicle spending pertaining to vehicles equipped with the
11 EGR COOLER was addressed or discussed by YOU with any person other than YOUR attorney.
12 REQUEST FOR PRODUCTION NO. 125:
13 All DOCUMENTS pertaining to the design, manufacturing, performance, and
14 modifications of the 3.0L Eco Diesel Engine that YOU have included in any disclosure, response,
15 summary, or compilation.
16 REQUEST FOR PRODUCTION NO. 126:
17 All DOCUMENTS pertaining to advertising campaigns for FCA vehicles that contained
18 the 3.0L Eco Diesel engine.
19 REQUEST FOR PRODUCTION NO. 127:
20 All DOCUMENTS evidencing YOUR research, testing, or analyses regarding the EGR
21 COOLER.
22 REQUEST FOR PRODUCTION NO. 128:
23 All DOCUMENTS evidencing YOUR research, testing, or analyses regarding the 3.0L
24 Eco Diesel engine.
25 REQUEST FOR PRODUCTION NO. 129:
26 All DOCUMENTS evidencing YOUR pre-release research, testing, or analyses regarding
27 the EGR COOLER.
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 REQUEST FOR PRODUCTION NO. 130:
2 All DOCUMENTS evidencing YOUR pre-release research, testing, or analyses regarding
3 the 3.0L Eco Diesel engine.
4 REQUEST FOR PRODUCTION NO. 131:
5 All DOCUMENTS evidencing YOUR post-release research, testing, or analyses regarding
6 the EGR COOLER.
7 REQUEST FOR PRODUCTION NO. 132:
8 All DOCUMENTS evidencing YOUR post-release research, testing, or analyses regarding
9 the 3.0L Eco Diesel engine.
10 REQUEST FOR PRODUCTION NO. 133:
11 All of YOUR internal correspondence regarding problems or repair strategies for the EGR
12 COOLER.
13 REQUEST FOR PRODUCTION NO. 134:
14 All of YOUR internal correspondence regarding problems or repair strategies for the 3.0L
15 Eco Diesel engine.
16 REQUEST FOR PRODUCTION NO. 135:
17 All DOCUMENTS which describe or discuss YOUR average repair rates to 2014 – 2019
18 Dodge Ram 1500 vehicles.
19 REQUEST FOR PRODUCTION NO. 136:
20 All of YOUR internal correspondence regarding repair rates for the EGR COOLER.
21 REQUEST FOR PRODUCTION NO. 137:
22 All of YOUR internal correspondence regarding repair rates for the 3.0L Eco Diesel
23 engine.
24 REQUEST FOR PRODUCTION NO. 138:
25 All of YOUR internal correspondence regarding thermal fatigue with the EGR COOLER.
26 REQUEST FOR PRODUCTION NO. 139:
27 All of YOUR correspondence to component manufacturers regarding problems with the
28 EGR COOLER.
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 REQUEST FOR PRODUCTION NO. 140:
2 All of YOUR correspondence to component manufacturers regarding problems with the
3 3.0L Eco Diesel engine.
4 REQUEST FOR PRODUCTION NO. 141:
5 All DOCUMENTS which evidence or describe engine failure in 2014 – 2019 Dodge Ram
6 1500 vehicles equipped with the 3.0L Eco Diesel engine.
7 REQUEST FOR PRODUCTION NO. 142:
8 All DOCUMENTS produced by YOU in response to any NHTSA investigation pertaining
9 to the EGR COOLER.
10 REQUEST FOR PRODUCTION NO. 143:
11 All DOCUMENTS produced by YOU in response to any regulatory investigation
12 pertaining to the EGR COOLER.
13 REQUEST FOR PRODUCTION NO. 144:
14 All DOCUMENTS evidencing YOUR results from any engineering investigation(s) of the
15 EGR COOLER from 2014 to the present.
16 REQUEST FOR PRODUCTION NO. 145:
17 All DOCUMENTS evidencing any investigation or analysis by YOU of thermal fatigue in
18 vehicles equipped with the 3.0L Eco Diesel engine.
19 REQUEST FOR PRODUCTION NO. 146:
20 All DOCUMENTS evidencing any investigation or analysis by YOU into the cause of
21 overheating in vehicles equipped with the 3.0L Eco Diesel engine.
22 REQUEST FOR PRODUCTION NO. 147:
23 All DOCUMENTS evidencing any investigation or analysis by YOU into the cause of
24 sudden loss of power in vehicles equipped with the 3.0L Eco Diesel engine.
25 REQUEST FOR PRODUCTION NO. 148:
26 All DOCUMENTS discussing or evidencing any investigation as to whether improper
27 maintenance was a cause of the vehicle fire of the SUBJECT VEHICLE.
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 REQUEST FOR PRODUCTION NO. 149:
2 All DOCUMENTS evidencing your internal investigation that lead to YOUR February 19,
3 2018 letter to Plaintiff denying his request for financial assistance.
4 REQUEST FOR PRODUCTION NO. 150:
5 All DOCUMENTS evidencing any investigation or analysis by YOU of the cause of the
6 vehicle fire of the SUBJECT VEHICLE in January of 2018.
7 REQUEST FOR PRODUCTION NO. 151:
8 All DOCUMENTS evidencing any investigation or analysis by YOU into the cause of
9 sudden loss of power in the SUBJECT VEHICLE.
10 REQUEST FOR PRODUCTION NO. 152:
11 All DOCUMENTS evidencing any communications between YOU and Engineering
12 Analysis Associates/Bosch Automotive Service Solutions regarding the SUBJECT VEHICLE.
13 REQUEST FOR PRODUCTION NO. 153:
14 All DOCUMENTS evidencing any communications between YOU and GEICO regarding
15 the SUBJECT VEHICLE.
16 REQUEST FOR PRODUCTION NO. 154:
17 All DOCUMENTS evidencing YOUR internal governance procedures before issuing a
18 recall.
19 REQUEST FOR PRODUCTION NO. 155:
20 All DOCUMENTS evidencing YOUR internal approval processes before issuing a recall.
21 REQUEST FOR PRODUCTION NO. 156:
22 All DOCUMENTS evidencing YOUR determination that the vehicle fire of the SUBJECT
23 VEHICLE was not caused by a manufacturing defect.
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 DATED: May 19, 2020 BOUCHER LLP
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By:
4 RAYMOND P. BOUCHER
MARIA L. WEITZ
5 NEAL BUTALA
Attorneys for Plaintiff, Jerry Michael
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA
US LLC
1 PROOF OF SERVICE
2 (Code of Civil Procedure § 1013a)
3 JERRY A. MICHAEL v. FCA US LLC, et al.
Case No. SCV0042129
4
5 I am employed in the County of Los Angeles, State of California. I am over the age of 18
years and not a party to the within action. My business address is 21600 Oxnard Street,
6 Suite 600, Woodland Hills, CA 91367-4903.
7 I served the foregoing documents described as:
8 PLAINTIFF'S SECOND SET OF FORM INTERROGATORIES TO DEFENDANT, FCA
US LLC
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PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
10 TO DEFENDANT, FCA US LLC
11 PLAINTIFF'S SECOND SET OF REQUESTS FOR ADMISSION TO DEFENDANT,
FCA US LLC
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DECLARATION OF NEAL BUTALA REGARDING PLAINTIFF'S SECOND SET OF
13 REQUESTS FOR ADMISSION TO DEFENDANT, FCA US LLC
14 PLAINTIFF'S SECOND SET OF SPECIAL INTERROGATORIES TO DEFENDANT,
FCA US LLC
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DECLARATION OF NEAL BUTALA REGARDING PLAINTIFF'S SECOND SET OF
16 SPECIAL INTERROGATORIES TO DEFENDANT, FCA US LLC
17 SEE ATTACHED SERVICE LIST
18 BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to Code of Civil
Procedure section 1010.6 and California Rule of Court 2.251, or pursuant to the Court’s order
19 authorizing electronic service, or by an agreement of the parties, I caused the document(s) to be
sent from e-mail address Butala@boucher.la to the persons at the e-mail addresses listed in the
20 Service List. I did not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.
21
I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23 Executed on May 19, 2020, at Woodland Hills, California.
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Neal Butala
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1 SERVICE LIST
2 JERRY A. MICHAEL v. FCA US LLC, et al.
Case No. SCV0042129
3
Steve B. Mikhov, Esq. Jon D. Universal, Esq.
4 KNIGHT LAW GROUP, LLP UNIVERSAL & SHANNON, LLP
10250 Constellation Boulevard, Suite 2500 2240 Douglas Blvd., Suite 290
5 Los Angeles, CA 90067 Roseville, CA 95661
Tel.: (310) 552-2250 Tel.: (916) 780-4050
6 Fax: (310) 552-7973 Fax: (916) 780-9070
Email: stevem@knightlaw.com; Email: JUniversal@uswlaw.com;
7 AmyM@knightlaw.com firm@uswlaw.com; nnassirian@uswlaw.com
emailservice@knightlaw.com
8 Attorneys for Defendant, FCA US LLC.
Attorneys for Plaintiff, JERRY MICHAEL
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EXHIBIT B
1 JON D. UNIVERSAL, SBN 141255
JAMES P. MAYO, SBN 169897
2 NEJLA NASSIRIAN, SBN 308730
ADAM G. KHAN, SBN 296617
3 BRETT H. WANNER, SBN 314025
UNIVERSAL & SHANNON, LLP
4 2240 Douglas Boulevard, Suite 290
Roseville, California 95661
5 Telephone: (916) 780-4050
Facsimile: (916) 780-9070
6
7 Attorneys for Defendants FCA US LLC AND AUBURN
CDJR, INC. dba AUBURN CHRYSLER DODGE JEEP RAM
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF PLACER
10
11 JERRY A. MICHAEL, Case No.: S-CV-0042129
12 Plaintiff, Action Filed: November 26, 2018
Trial Date: March 16, 2020
13 vs.
FCA US LLC’S RESPONSE TO
14 FCA US LLC, a Delaware Limited Liability PLAINTIFF'S REQUEST FOR
Company; AUBURN CDJR, INC. a California PRODUCTION OF DOCUMENTS, SET
15 Corporation, dba AUBURN CHRYSLER THREE (ERRONEOUSLY NAMED SET
DODGE JEEP RAM; and DOES 1 through 10, TWO)
16 inclusive,
17 Defendants.
18
19 PROPOUNDING PARTY: Plaintiff JERRY A. MICHAEL
20 RESPONDING PARTY: Defendant FCA US LLC
21 SET NO.: THREE
22 Defendant FCA US LLC (“FCA US”) responds to Plaintiff’s Third Set of Requests for
23 Production of Documents as follows:
24 PRELIMINARY STATEMENT
25 These responses are made solely for the purpose of this action. Each response is made
26 subject to all objections as to competence, materiality, relevance or other objection as to
27 admissibility that may apply in the event that any such response, or the information contained
28
Preview
1 Raymond P. Boucher, State Bar No. 115364 ray@boucher.la 2 Maria L. Weitz, State Bar No. 268100 weitz@boucher.la 3 Neal Butala, State Bar No. 289197 butala@boucher.la 4 BOUCHER LLP 21600 Oxnard Street, Suite 600 5 Woodland Hills, California 91367-4903 Tel: (818) 340-5400 6 Fax: (818) 340-5401 7 Steve Mikhov, Esq., State Bar No. 224676 stevem@knightlaw.com 8 Amy Morse, Esq., State Bar No. 290502 amym@knightlaw.com 08/04/2020 9 KNIGHT LAW GROUP LLP 10250 Constellation Boulevard, Suite 2500 10 Los Angeles, CA 90067 Tel: (310) 552-2250 11 Fax: (310) 552-7973 12 Attorneys for Plaintiff, Jerry Michael 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF PLACER 15 16 JERRY A. MICHAEL, Case No. S-CV-0042129 17 Plaintiff, DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION 18 v. TO COMPEL FURTHER DISCOVERY RESPONSES TO PLAINTIFF'S THIRD 19 FCA US LLC, a Delaware Limited Liability SET OF REQUEST FOR PRODUCTION Company; AUBURN CDJR, INC., a OF DOCUMENTS FROM DEFENDANT, 20 California Corporation, dba AUBURN AND REQUEST FOR SANCTIONS CHRYSLER DODGE JEEP RAM; and DOES 21 1 through 10, inclusive, Filed Concurrently with [Notice of Motion, Memorandum of Points and 22 Defendants. Authorities, Separate Statement, and [Proposed] Order] 23 Date: August 28, 2020 24 Time: 8:30AM Dept.: 3 25 Action Filed: November 14, 2018 26 Trial Date: October 19, 2020 27 28 DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS 1 I, Neal Butala, declare as follows: 2 1. I am an attorney duly licensed to practice law before all of the courts of the State of 3 California. I am an associate at the law firm of Boucher, LLP, attorneys of record for Plaintiff 4 JERRY A. MICHAEL. I have personal knowledge of the following facts, and, if called to testify 5 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 Discovery 7 Responses to Plaintiff’s Third Set of Requests for Production of Documents from Defendants and 8 Request for Sanctions. 9 3. Plaintiff was the unfortunate purchaser of a 2015 Dodge Ram 1500 (the “Subject 10 Vehicle”) manufactured and warranted by Defendant FCA US LLC (“FCA”) and repaired by 11 Auburn CDJR, Inc. ("Auburn") (collectively referred to as "Defendants" or individually as 12 "Defendant"). Shortly after purchasing the Subject Vehicle, Plaintiff was forced to deliver it for 13 repair numerous times for recurring and unpredictable defects, including electrical and mechanical 14 problems with the engine, among other things. Defendants were unable to repair the Subject 15 Vehicle’s defects and the Subject Vehicle was ultimately consumed by a spontaneous vehicle fire 16 while being driven by Plaintiff on the highway and despite Plaintiff’s frequent repair visits. 17 Defendants failed to make a prompt offer to repurchase or replace the vehicle in accordance with 18 the Song-Beverly Act. Left with no other choice, Plaintiff filed suit for Defendants' alleged 19 violations of the Song-Beverly Consumer Warranty Act, Negligent Repair, and Fraudulent 20 Inducement. During the pendency of the litigation Defendants sent Plaintiff recall notice 19V-757 21 ("Recall Notice") to repair defects with the exhaust gas recirculation cooler ("EGR") in the Subject 22 Vehicle's 3.0L EcoDiesel Engine ("Engine"). The recall notice specifically states that defects with 23 the EGR can lead to vehicle fires if not repaired. 24 PLAINTIFF’S REQUESTS AND DEFENDANT’S INADEQUATE RESPONSES 25 4. In preparation for trial and possible settlement, on May 19, 2020, Plaintiff propounded 26 on Defendants Plaintiff’s Third Set of Requests for Production of Documents (“Plaintiff’s RFPs”). 27 Plaintiff’s RFPs seek documents evidencing warranty repairs and recalls involving specific defects 28 and nonconformities as set forth in the Subject Vehicle’s own repair orders produced by 2 DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS 1 Defendant and Recall Notice 19V-757 sent to Plaintiff by Defendants. Plaintiff’s RFPs also seek 2 documents evidencing the number of Dodge Ram 1500 vehicles repurchased by Defendant in 3 California for warranty repairs and recalls involving specific defects and nonconformities as set 4 forth in the Subject Vehicle’s own repair orders and Recall 19V-757. Attached hereto as Exhibit 5 A is a true and correct copy of Plaintiff’s Third Set of Requests for Production of Documents. 6 5. On June 22, 2020, Defendants e-mailed their responses to Plaintiff’s RFPs, but failed to 7 provide Code-compliant responses. Instead, in response to Plaintiff’s RFPs, Defendants asserted 8 evasive objections that Plaintiff’s requests are overly broad, vague, ambiguous, irrelevant, 9 burdensome and lack specificity so as to allow Defendants to search for responsive documents. 10 Attached hereto as Exhibit B is a true and correct copy of Defendants' responses to Plaintiff’s 11 RFPs. 12 PLAINTIFF’S EFFORTS TO PROPERLY ENGAGE IN THE MEET-AND-CONFER 13 PROCESS HAVE BEEN UNSUCCESSFUL 14 6. On June 11, 2020 Defendants contacted Plaintiff about a trial continuance. On July 3, 15 2020 Plaintiff agreed to Defendants' proposed trial continuance to provide Plaintiff an opportunity 16 to complete his discovery. Defendants replied that they would only agree to a trial continuance but 17 would not agree to continue discovery cut-off. Attached hereto as Exhibit C is a true and correct 18 copy of the e-mail exchange with Defendants' counsel about the proposed trial continuance. On 19 July 9, 2020 Plaintiff moved the Court ex parte trial continuance. 20 7. On July 10, 2020, Plaintiff began the meet and confer process by sending a letter to 21 Defendant specifying the deficiencies in Defendant’s responses to Plaintiff’s RFPs and requesting 22 that they be corrected. A true and correct copy of that letter is attached hereto as Exhibit D. 23 8. On July 15, 2020, Defendant sent Plaintiff an e-mail stating that a response to Plaintiff's 24 Meet and Confer letter would be provided no later than July 31, 2020 and that Plaintiff was given 25 an extension until August 21, 2020 to file appropriate motions to compel. A true and correct copy 26 of that e-mail is attached hereto as Exhibit E. 27 9. On July 31, 2020 Defendants sent a meet and confer letter stating Defendants agree to 28 search their database for specific terms identified by Plaintiff relating to other Dodge Ram 1500 3 DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS 1 vehicles, subject to many limitations, including that the search would only be limited to 2015 2 Dodge Ram 1500 vehicles. However, Defendants failed to provide any legal authority for this 3 excessive limitation. A true and correct copy of Defendants' letter is attached hereto as Exhibit F. 4 10. To date, Defendant has failed to provide substantive responses to Plaintiff’s meet and 5 confer letter, and has failed to produce additional responsive documents. Despite Plaintiff’s efforts 6 to informally resolve the disputes, the deficiencies with Defendant’s responses remain unresolved. 7 The filing of Plaintiff’s motion is necessary to ensure that Plaintiff receives the responses he is 8 entitled to in order to effectively prepare this matter for trial. 9 REQUEST FOR SANCTIONS 10 11. As a result of Defendant’s failures to provide compliant responses and continued abuse 11 of the discovery process, and the time and effort it took Plaintiff to meet and confer on the 12 problems presented by Defendant’s responses, Plaintiff respectfully requests that this Court award 13 monetary sanctions for the costs associated with Plaintiff’s preparation of this motion. 14 12. The total legal fees incurred of preparing the motion and supportive papers will be as 15 follows: 16 a. I spent a total of five (5) hours drafting the instant motion (including notice of 17 motion, memorandum of points and authorities, separate statement, this declaration, 18 and proposed order) at her normal billing rate of $450.00 per hour, for a total of 19 $2,790.00. 20 b. It is reasonably anticipated that I will spend an additional two (2) hours 21 reviewing Defendant’s Opposition and drafting a reply to Defendant’s Opposition 22 at my normal billing rate of $450.00 per hour, for a total of $900.00. 23 c. In all, legal fees will total $3,690.00. 24 13. Our office was forced to spend $60.00 in filing the instant motion. 25 14. Adding up the figures above equals a total of $3,750.00. These sanctions are sought 26 against Defendants and their counsel of record, Universal & Shannon, LLP. 27 28 4 DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. 3 Executed August 4, 2020, in Woodland Hills, California. 4 5 BOUCHER LLP 6 7 By: 8 RAYMOND P. BOUCHER MARIA L. WEITZ 9 NEAL BUTALA Attorneys for Plaintiff, Jerry Michael 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DECLARATION OF NEAL BUTALA IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S THIRD SET OF REQUEST FOR PRODUCTION OF DOCUMENTS EXHIBIT A 1 Raymond P. Boucher, State Bar No. 115364 ray@boucher.la 2 Maria L. Weitz, State Bar No. 268100 weitz@boucher.la 3 Neal Butala, State Bar No. 289197 butala@boucher.la 4 BOUCHER LLP 21600 Oxnard Street, Suite 600 5 Woodland Hills, California 91367-4903 Tel: (818) 340-5400 6 Fax: (818) 340-5401 7 Steve Mikhov, Esq., State Bar No. 224676 stevem@knightlaw.com 8 Amy Morse, Esq., State Bar No. 290502 amym@knightlaw.com 9 KNIGHT LAW GROUP LLP 10250 Constellation Boulevard, Suite 2500 10 Los Angeles, CA 90067 Tel: (310) 552-2250 11 Fax: (310) 552-7973 12 Attorneys for Plaintiff, Jerry Michael 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF PLACER 15 16 JERRY A. MICHAEL, Case No. S-CV-0042129 17 Plaintiff, PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF 18 v. DOCUMENTS TO DEFENDANT, FCA US LLC 19 FCA US LLC, a Delaware Limited Liability Company; AUBURN CDJR, INC., a Action Filed: November 14, 2018 20 California Corporation, dba AUBURN Trial Date: July 20, 2020 CHRYSLER DODGE JEEP RAM; and DOES 21 1 through 10, inclusive, 22 Defendants. 23 24 PROPOUNDING PARTY: Plaintiff, JERRY A. MICHAEL 25 RESPONDING PARTY: Defendant, FCA UC LLC. 26 SET NUMBER: Two 27 28 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 Plaintiff JERRY A. MICHAEL (hereinafter “Plaintiff”) hereby propounds Plaintiff’s 2 Second Set of Requests for Production of Documents to Defendant, FCA US LLC. (hereinafter 3 “FCA” or “Defendant”), to be answered under oath and in full compliance with Code of Civil 4 Procedure section 2031.010. 5 JUDICIAL COUNCIL DEFINITIONS 6 The following definitions are approved by the California Judicial Council and are not 7 subject to objection: 8 1. “INCIDENT” includes the circumstances and events surrounding the alleged 9 accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. 10 2. The words “YOU” and “YOUR” refer to FCA US LLC and/or any related entity, 11 predecessor, parent, subsidiary and/or affiliate, employee, agent (including, but not limited to, any 12 mortgage servicing agent), or any person acting or purporting to act on Defendant FCA US LLC’s 13 behalf. 14 3. The word “DOCUMENT” refers to all matters that fall within the definition of 15 Evidence Code §250, and includes written or printed matter of any kind, including the originals 16 and all non-identical copies thereof, whether different from the original by reason of any notation 17 made on such copies or otherwise including, but not limited to, the following: advertisements, 18 booklets, brochures, pamphlets, circulars, notices, periodicals, papers, contracts, agreements, 19 photographs, minutes, memoranda, messages, appraisals, analyses, reports, financial calculations 20 and representations, invoices, accounting and diary entries, inventory sheets, diaries, appointment 21 books or calendars, teletypes, facsimiles, ledgers, trial balances, correspondence, telegrams, press 22 releases, notes, working papers, drawings, schedules, tabulations, projections, mails, information 23 or programs stored in a computer (whether or not ever printed out or displayed), and all drafts, 24 alterations, modifications, changes or amendments of any of the foregoing, and all graphic or 25 manual records or representations of any kind including, but not limited to, the following: 26 microfiche, microfilm, audiotapes, videotapes, recordings and motion pictures, and all electronic, 27 mechanical or electronic records or representations of any kind including, but not limited to, the 28 following: Tapes, cassettes, discs, magnetic cards and recordings. “DOCUMENT” expressly 2 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 includes all ELECTRONIC RECORDS, included but, not limited to electronic mail. 2 4. “PERSON” includes any natural person, firm, association, organization, 3 partnership, business, trust, corporation, or public entity. 4 5. “ADDRESS” means the street address, including the city, state, and zip code. 5 ADDITIONAL DEFINITIONS 6 1. “SUBJECT VEHICLE” shall mean the vehicle which is the subject of this lawsuit 7 and identified as the 2015 Dodge Ram 1500, VIN: 1C6RR7LM9FS710636. 8 2. "EGR COOLER" shall refer to the exhaust gas recirculation cooler present in 2014 9 – 2019 Dodge Ram 1500 vehicles equipped with a 3.0L Eco Diesel engine. 10 3. To “IDENTIFY” an entity that is not a natural person means to state the name of 11 the entity and its present or last known business address. 12 4. To “IDENTIFY” a natural person means to state the name, present or last known 13 phone number, present or last known employer, present or last known business address, and 14 present or last known employment position held. 15 5. To “IDENTIFY” a document means to means to describe it with sufficient 16 particularity to enable it to be identified for the purposes of a Motion to Compel Production of 17 such DOCUMENT. 18 6. “CONTACT” includes any transmittal, conveyance, or exchange of information 19 between or among PERSONS by any means, whether verbal or nonverbal, tangible or intangible, 20 oral or written, and/or direct or indirect, including, without limitation, conversations, meetings, 21 statements, letters, correspondence, notes, memoranda, recordings, electronic or computer data. 22 /// 23 /// 24 /// 25 26 27 28 3 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 REQUESTS FOR PRODUCTION 2 REQUEST FOR PRODUCTION NO. 106: 3 All DOCUMENTS which evidence or discuss YOUR decision to issue recall 19V-757. 4 REQUEST FOR PRODUCTION NO. 107: 5 All surveys, reports, summaries, and other DOCUMENTS in which owners of 2014 - 2019 6 Dodge Ram 1500 vehicles have reported to YOU concerns with vehicle fires. 7 REQUEST FOR PRODUCTION NO. 108: 8 All DOCUMENTS evidencing, describing, or tracking complaints by owners of 2014 - 9 2019 Dodge Ram 1500 vehicles regarding concerns with the EGR COOLER. 10 REQUEST FOR PRODUCTION NO. 109: 11 All DOCUMENTS evidencing, describing, or tracking vehicle repurchases made by YOU 12 of 2015 Dodge Ram 1500 vehicles and allegedly containing conditions, defects, or 13 nonconformities regarding concerns with the EGR COOLER. 14 REQUEST FOR PRODUCTION NO. 110: 15 All surveys, reports, summaries, and other DOCUMENTS provided by YOU to NHTSA in 16 which owners of 2014 - 2019 Dodge Ram 1500 vehicles have reported to YOU vehicle fires. 17 REQUEST FOR PRODUCTION NO. 111: 18 All DOCUMENTS evidencing and/or describing YOUR offers to consumers of vehicle 19 payments for vehicles manufactured by YOU with a defective EGR COOLER. 20 REQUEST FOR PRODUCTION NO. 112: 21 All DOCUMENTS which evidence any predictive model used to determine if a vehicle 22 equipped with the Eco Diesel 3.0L engine will be repurchased. 23 REQUEST FOR PRODUCTION NO. 113: 24 All DOCUMENTS which evidence or discuss vehicle fire concerns in 2014 – 2019 Dodge 25 Ram 1500 vehicles due to the EGR COOLER. 26 REQUEST FOR PRODUCTION NO. 114: 27 All of YOUR memorandum regarding failure rates of the EGR COOLER in the Eco Diesel 28 3.0L engine. 4 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 REQUEST FOR PRODUCTION NO. 115: 2 All DOCUMENTS evidencing, describing, analyzing, or tracking repair presentations by 3 owners of 2014 - 2019 Dodge Ram 1500 vehicles in which the dealer found thermal fatigue of the 4 EGR COOLER. 5 REQUEST FOR PRODUCTION NO. 116: 6 All DOCUMENTS which evidence or discuss vehicle fire concerns in 2014 – 2019 Dodge 7 Ram 1500 vehicles due to the EGR COOLER. 8 REQUEST FOR PRODUCTION NO. 117: 9 All of YOUR memorandum regarding thermal fatigue with the EGR COOLER. 10 REQUEST FOR PRODUCTION NO. 118: 11 All DOCUMENTS evidencing, describing, analyzing, or tracking repair presentations by 12 owners of 2014 – 2019 Dodge Ram 1500 vehicles in which the dealer repaired or replaced the 13 EGR COOLER. 14 REQUEST FOR PRODUCTION NO. 119: 15 All DOCUMENTS evidencing quality problems identified by YOU in the EGR COOLER 16 used in the 3.0L Eco Diesel Engine from 2014 to present. 17 REQUEST FOR PRODUCTION NO. 120: 18 All DOCUMENTS evidencing any Failure Mode and Effects Analyses (“FMEA”) 19 generated by YOU or provided to YOU concerning the 3.0L Eco Diesel engine or any of its parts, 20 components, sub-components, systems, assemblies, or sub-assemblies. 21 REQUEST FOR PRODUCTION NO. 121: 22 All DOCUMENTS from 2014 to the present date that reflect the relative frequency of 23 engine repairs (R/1000) for Dodge 1500 vehicles equipped with the 3.0L Eco Diesel engine 24 including, but not limited to, all such DOCUMENTS that reflect any comparison of other R/1000 25 rates with the frequency of 3.0L Eco Diesel engine repairs (R/1000). 26 REQUEST FOR PRODUCTION NO. 122: 27 All DOCUMENTS reflecting any written reports, recorded statements, or communications 28 made by any of YOUR employees (other than FCA's legal counsel), to any other employee (other 5 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 than FCA's legal counsel), that refer or relate in any manner to vehicle fire concerns associated 2 with vehicles equipped with the 3.0L Eco Diesel engine during any period (whether monthly, 3 quarterly, semi-annually, annually, or cumulatively) from 2014 to the present date. 4 REQUEST FOR PRODUCTION NO. 123: 5 All DOCUMENTS evidencing the agenda and/or the meeting minutes of each meeting at 6 which one or more quality concerns in the EGR COOLER were addressed or discussed by YOU 7 with any person other than YOUR attorney. 8 REQUEST FOR PRODUCTION NO. 124: 9 All DOCUMENTS reflecting the agenda and/or meeting minutes of each meeting at which 10 YOUR warranty spending or reacquired vehicle spending pertaining to vehicles equipped with the 11 EGR COOLER was addressed or discussed by YOU with any person other than YOUR attorney. 12 REQUEST FOR PRODUCTION NO. 125: 13 All DOCUMENTS pertaining to the design, manufacturing, performance, and 14 modifications of the 3.0L Eco Diesel Engine that YOU have included in any disclosure, response, 15 summary, or compilation. 16 REQUEST FOR PRODUCTION NO. 126: 17 All DOCUMENTS pertaining to advertising campaigns for FCA vehicles that contained 18 the 3.0L Eco Diesel engine. 19 REQUEST FOR PRODUCTION NO. 127: 20 All DOCUMENTS evidencing YOUR research, testing, or analyses regarding the EGR 21 COOLER. 22 REQUEST FOR PRODUCTION NO. 128: 23 All DOCUMENTS evidencing YOUR research, testing, or analyses regarding the 3.0L 24 Eco Diesel engine. 25 REQUEST FOR PRODUCTION NO. 129: 26 All DOCUMENTS evidencing YOUR pre-release research, testing, or analyses regarding 27 the EGR COOLER. 28 6 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 REQUEST FOR PRODUCTION NO. 130: 2 All DOCUMENTS evidencing YOUR pre-release research, testing, or analyses regarding 3 the 3.0L Eco Diesel engine. 4 REQUEST FOR PRODUCTION NO. 131: 5 All DOCUMENTS evidencing YOUR post-release research, testing, or analyses regarding 6 the EGR COOLER. 7 REQUEST FOR PRODUCTION NO. 132: 8 All DOCUMENTS evidencing YOUR post-release research, testing, or analyses regarding 9 the 3.0L Eco Diesel engine. 10 REQUEST FOR PRODUCTION NO. 133: 11 All of YOUR internal correspondence regarding problems or repair strategies for the EGR 12 COOLER. 13 REQUEST FOR PRODUCTION NO. 134: 14 All of YOUR internal correspondence regarding problems or repair strategies for the 3.0L 15 Eco Diesel engine. 16 REQUEST FOR PRODUCTION NO. 135: 17 All DOCUMENTS which describe or discuss YOUR average repair rates to 2014 – 2019 18 Dodge Ram 1500 vehicles. 19 REQUEST FOR PRODUCTION NO. 136: 20 All of YOUR internal correspondence regarding repair rates for the EGR COOLER. 21 REQUEST FOR PRODUCTION NO. 137: 22 All of YOUR internal correspondence regarding repair rates for the 3.0L Eco Diesel 23 engine. 24 REQUEST FOR PRODUCTION NO. 138: 25 All of YOUR internal correspondence regarding thermal fatigue with the EGR COOLER. 26 REQUEST FOR PRODUCTION NO. 139: 27 All of YOUR correspondence to component manufacturers regarding problems with the 28 EGR COOLER. 7 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 REQUEST FOR PRODUCTION NO. 140: 2 All of YOUR correspondence to component manufacturers regarding problems with the 3 3.0L Eco Diesel engine. 4 REQUEST FOR PRODUCTION NO. 141: 5 All DOCUMENTS which evidence or describe engine failure in 2014 – 2019 Dodge Ram 6 1500 vehicles equipped with the 3.0L Eco Diesel engine. 7 REQUEST FOR PRODUCTION NO. 142: 8 All DOCUMENTS produced by YOU in response to any NHTSA investigation pertaining 9 to the EGR COOLER. 10 REQUEST FOR PRODUCTION NO. 143: 11 All DOCUMENTS produced by YOU in response to any regulatory investigation 12 pertaining to the EGR COOLER. 13 REQUEST FOR PRODUCTION NO. 144: 14 All DOCUMENTS evidencing YOUR results from any engineering investigation(s) of the 15 EGR COOLER from 2014 to the present. 16 REQUEST FOR PRODUCTION NO. 145: 17 All DOCUMENTS evidencing any investigation or analysis by YOU of thermal fatigue in 18 vehicles equipped with the 3.0L Eco Diesel engine. 19 REQUEST FOR PRODUCTION NO. 146: 20 All DOCUMENTS evidencing any investigation or analysis by YOU into the cause of 21 overheating in vehicles equipped with the 3.0L Eco Diesel engine. 22 REQUEST FOR PRODUCTION NO. 147: 23 All DOCUMENTS evidencing any investigation or analysis by YOU into the cause of 24 sudden loss of power in vehicles equipped with the 3.0L Eco Diesel engine. 25 REQUEST FOR PRODUCTION NO. 148: 26 All DOCUMENTS discussing or evidencing any investigation as to whether improper 27 maintenance was a cause of the vehicle fire of the SUBJECT VEHICLE. 28 8 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 REQUEST FOR PRODUCTION NO. 149: 2 All DOCUMENTS evidencing your internal investigation that lead to YOUR February 19, 3 2018 letter to Plaintiff denying his request for financial assistance. 4 REQUEST FOR PRODUCTION NO. 150: 5 All DOCUMENTS evidencing any investigation or analysis by YOU of the cause of the 6 vehicle fire of the SUBJECT VEHICLE in January of 2018. 7 REQUEST FOR PRODUCTION NO. 151: 8 All DOCUMENTS evidencing any investigation or analysis by YOU into the cause of 9 sudden loss of power in the SUBJECT VEHICLE. 10 REQUEST FOR PRODUCTION NO. 152: 11 All DOCUMENTS evidencing any communications between YOU and Engineering 12 Analysis Associates/Bosch Automotive Service Solutions regarding the SUBJECT VEHICLE. 13 REQUEST FOR PRODUCTION NO. 153: 14 All DOCUMENTS evidencing any communications between YOU and GEICO regarding 15 the SUBJECT VEHICLE. 16 REQUEST FOR PRODUCTION NO. 154: 17 All DOCUMENTS evidencing YOUR internal governance procedures before issuing a 18 recall. 19 REQUEST FOR PRODUCTION NO. 155: 20 All DOCUMENTS evidencing YOUR internal approval processes before issuing a recall. 21 REQUEST FOR PRODUCTION NO. 156: 22 All DOCUMENTS evidencing YOUR determination that the vehicle fire of the SUBJECT 23 VEHICLE was not caused by a manufacturing defect. 24 /// 25 /// 26 /// 27 /// 28 /// 9 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 DATED: May 19, 2020 BOUCHER LLP 2 3 By: 4 RAYMOND P. BOUCHER MARIA L. WEITZ 5 NEAL BUTALA Attorneys for Plaintiff, Jerry Michael 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, FCA US LLC 1 PROOF OF SERVICE 2 (Code of Civil Procedure § 1013a) 3 JERRY A. MICHAEL v. FCA US LLC, et al. Case No. SCV0042129 4 5 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action. My business address is 21600 Oxnard Street, 6 Suite 600, Woodland Hills, CA 91367-4903. 7 I served the foregoing documents described as: 8 PLAINTIFF'S SECOND SET OF FORM INTERROGATORIES TO DEFENDANT, FCA US LLC 9 PLAINTIFF'S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS 10 TO DEFENDANT, FCA US LLC 11 PLAINTIFF'S SECOND SET OF REQUESTS FOR ADMISSION TO DEFENDANT, FCA US LLC 12 DECLARATION OF NEAL BUTALA REGARDING PLAINTIFF'S SECOND SET OF 13 REQUESTS FOR ADMISSION TO DEFENDANT, FCA US LLC 14 PLAINTIFF'S SECOND SET OF SPECIAL INTERROGATORIES TO DEFENDANT, FCA US LLC 15 DECLARATION OF NEAL BUTALA REGARDING PLAINTIFF'S SECOND SET OF 16 SPECIAL INTERROGATORIES TO DEFENDANT, FCA US LLC 17 SEE ATTACHED SERVICE LIST 18 BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to Code of Civil Procedure section 1010.6 and California Rule of Court 2.251, or pursuant to the Court’s order 19 authorizing electronic service, or by an agreement of the parties, I caused the document(s) to be sent from e-mail address Butala@boucher.la to the persons at the e-mail addresses listed in the 20 Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 Executed on May 19, 2020, at Woodland Hills, California. 24 25 Neal Butala 26 27 28 1 SERVICE LIST 2 JERRY A. MICHAEL v. FCA US LLC, et al. Case No. SCV0042129 3 Steve B. Mikhov, Esq. Jon D. Universal, Esq. 4 KNIGHT LAW GROUP, LLP UNIVERSAL & SHANNON, LLP 10250 Constellation Boulevard, Suite 2500 2240 Douglas Blvd., Suite 290 5 Los Angeles, CA 90067 Roseville, CA 95661 Tel.: (310) 552-2250 Tel.: (916) 780-4050 6 Fax: (310) 552-7973 Fax: (916) 780-9070 Email: stevem@knightlaw.com; Email: JUniversal@uswlaw.com; 7 AmyM@knightlaw.com firm@uswlaw.com; nnassirian@uswlaw.com emailservice@knightlaw.com 8 Attorneys for Defendant, FCA US LLC. Attorneys for Plaintiff, JERRY MICHAEL 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 EXHIBIT B 1 JON D. UNIVERSAL, SBN 141255 JAMES P. MAYO, SBN 169897 2 NEJLA NASSIRIAN, SBN 308730 ADAM G. KHAN, SBN 296617 3 BRETT H. WANNER, SBN 314025 UNIVERSAL & SHANNON, LLP 4 2240 Douglas Boulevard, Suite 290 Roseville, California 95661 5 Telephone: (916) 780-4050 Facsimile: (916) 780-9070 6 7 Attorneys for Defendants FCA US LLC AND AUBURN CDJR, INC. dba AUBURN CHRYSLER DODGE JEEP RAM 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF PLACER 10 11 JERRY A. MICHAEL, Case No.: S-CV-0042129 12 Plaintiff, Action Filed: November 26, 2018 Trial Date: March 16, 2020 13 vs. FCA US LLC’S RESPONSE TO 14 FCA US LLC, a Delaware Limited Liability PLAINTIFF'S REQUEST FOR Company; AUBURN CDJR, INC. a California PRODUCTION OF DOCUMENTS, SET 15 Corporation, dba AUBURN CHRYSLER THREE (ERRONEOUSLY NAMED SET DODGE JEEP RAM; and DOES 1 through 10, TWO) 16 inclusive, 17 Defendants. 18 19 PROPOUNDING PARTY: Plaintiff JERRY A. MICHAEL 20 RESPONDING PARTY: Defendant FCA US LLC 21 SET NO.: THREE 22 Defendant FCA US LLC (“FCA US”) responds to Plaintiff’s Third Set of Requests for 23 Production of Documents as follows: 24 PRELIMINARY STATEMENT 25 These responses are made solely for the purpose of this action. Each response is made 26 subject to all objections as to competence, materiality, relevance or other objection as to 27 admissibility that may apply in the event that any such response, or the information contained 28