Compel Initial disclosures pursuant to California Code of Civil Procedure section 871.26 and for monetary sanctions
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 16 Honorable William J. Monahan, Presiding (covering this calendar for Judge Parrett) Courtroom Clerk, 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2270
DATE: 7/22/2026 TIME: 9:00 A.M. and 9:01 A.M.
LINE 2 25CV474776 Kevin Lu vs COUNTY OF Hearing: Demurrer SANTA CLARA erroneously sued as Main Jail Medical to the complaint by Defendant County of Santa Clara erroneously sued as Department Main Jail Medical Department
UNOPPOSED and GRANTED. Good cause appearing, the demurrer to all causes of action in the complaint by defendant County of Santa Clara erroneously sued as Main Jail Medical Department (Defendant) is SUSTAINED WITH 15 DAYS LEAVE TO AMEND.
Defendant’s request for judicial notice is UNOPPOSED and GRANTED.
The court will prepare the order. LINE 3 25CV473804 PEDRO BOSCHI vs MEGAN Hearing: Demurrer ALLEN et al to the Complaint of plaintiff Pedro Boschi by Defendant AMR DARWISH
Ctrl Click (or scroll down) on Line 3 for tentative ruling. The court will prepare the order. LINE 4 25CV468644 Jpmorgan Chase Bank N.a. Motion: Admissions Deemed Admitted vs Javier Zuniga Request for Admissions of Truth of facts be deem admitted filed by Plaintiff JPMorgan Chase Bank N.A.
UNOPPOSED and GRANTED. Good cause appearing, pursuant to Code of Civil Procedure (CCP) sections 2023.010 et seq. and 2033.280 the truth of all specified facts in the Request for Admissions (RFA), Set One, propounded by plaintiff JPMorgan Chase Bank N.A. (Plaintiff) on defendant Javier Zuniga (Defendant) by mail on 08/11/2025 are DEEDMED ADMITTED by Defendant. Defendant failed to timely serve any response to the RFA, Set One.
The court will prepare the order. (Note: Please attach copy of RFA, Set One, pages 8-20 from motion filed 2/27/2026 to order as Exhibit 1.) LINE 5 25CV481480 MELISSA IKEDA et al vs Motion: Compel FCA US LLC et al Initial disclosures pursuant to California Code of Civil Procedure section 871.26 and for monetary sanctions for Plaintiffs MELISSA IKEDA and HIDEO IDEDA
Ctrl Click (or scroll down) on Line 5 for tentative ruling. The court will prepare the order.
Calendar Line 5 Case Name: Melissa Ikeda, et al vs FCA US, LLC, et al Case No: 25CV481480
Plaintiffs Melissa Ikeda and Hideo Ideda (Plaintiffs)’ motion to compel defendant FCA US LLC (FCA) to comply with California Code of Civil Procedure (CCP) section 871.26 by producing all documents required under subdivisions (h)(6), (h)(7), (h)(8), (h)(9), (h)(10), (h)(12) and (h)(13) is GRANTED.
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All responsive documents required under subdivisions (h)(6), (h)(7), (h)(8), (h)(9), (h)(10, (h)(12) and (h)(13) of CCP section 871.26 shall be produced by FCA within 10 days of Plaintiff’s Notice of Entry of (i) this order signed by the court in this action and (ii) the Stipulated Protective Order (PO) signed by the court on July 21, 2026 in this action.
All other requests for relief by Plaintiff, including monetary sanctions under CCP section 872.26(j)(1) are DENIED.
Discussion
Here, both sides agree in their papers that CCP section 871.26 applies to this lemon law action. CCP section 871.26(b) provides:
(b) Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h).
(CCP §871.26(b).)
CCP section 871.26(h) provides:
(h) The defendant or manufacturer shall provide the following documents to all other parties pursuant to the timelines prescribed in subdivision (b):
(1) Copy of or access to a version of the owner’s manual for a motor vehicle of the same make, model, and year.
(2) Any warranties issued in conjunction with the sale of the motor vehicle.
(3) Sample brochures published for the motor vehicle.
(4) The motor vehicle’s original invoice, if any, to the selling dealer. (5) Sales or lease agreement, if the manufacturer is in possession.
(6) Motor vehicle information reports, including build documentation, component information, and delivery details.
(7) Entire warranty transaction history for the motor vehicle.
(8) Listing of required field actions applicable to the motor vehicle.
(9) Published technical service bulletins (“TSBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle.
(10) Published information service bulletins (“ISBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle.
(11) Records relating to communications between the manufacturer or dealership and the owner or lessee of the motor vehicle, including those related to repair orders or claims involving the motor vehicle.
(12) Warranty policies and procedure manuals.
(13) Service manuals reasonably related to the nonconformities pertaining to the motor vehicle.
(14) If a pre-suit restitution or replacement request is made, all call recordings of pre- suit communications with the consumer available at the time of service of the complaint. (15) If a pre-suit restitution or replacement request is made, the manufacturer’s written statement of policies and procedures used to evaluate customer requests for restitution or replacement pursuant to “Lemon Law” claims.
(16) If a pre-suit restitution or replacement request is made, any nonprivileged, prelitigation evaluation.
(17) Any warranty extensions or modifications issued by the manufacturer on the motor vehicle.
(CCP § 871.26(h).)
FCA’s opposition acknowledges that it withheld [purportedly] confidential documents subject to a stipulated PO proposed on March 3, 2026, and that Plaintiffs’ counsel signed the proposed stipulated PO on June 16, 2026. The court signed the stipulated PO on 7/21/2026.
All other discovery requests by Plaintiffs in their motion are DENIED. Plaintiffs motion’s memorandum of points and authorities (MPA) at pages 13-14 request relief that were not requested in its Notice of Motion, at pages 1-2. The purpose of initial disclosures is to avoid the need for discovery motions and Plaintiffs’ MPA seeks to expand relief beyond the requirements of CCP section 871.26(h) to include numerous discovery requests that Plaintiffs failed to include in their Notice of Motion. Furthermore, CCP section 871.26(e) provides, in part: (e) Except as provided in subdivisions (b) and (c), all other discovery shall be stayed until mediation is concluded....
(CCP § 871.26(e) [emphasis added].)
Plaintiffs request for monetary sanctions pursuant to CCP section 871.26(j)(1) against FCA and its counsel of record in the amount of $2,500 (or any other amount) are DENIED.
CCP section 871.26(j)(1) provides:
(j) Unless the party failing to comply with this section shows good cause, notwithstanding any other law and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose sanctions as follows:
(1) A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business days for failure to comply with the document production requirements as prescribed in subdivision (b).
(CCP § 871.26(j)(1) [emphasis added].)
CCP section 871.26(j)(1) does NOT authorize sanctions against FCA.
The court finds that FCA (and its counsel) showed good cause for failing to comply pursuant to CCP section 871.26(j) by producing responsive documents pursuant to CCP section 871.26(h) (except for [purportedly] confidential documents that needed to be protected by a PO), by submitting the proposed stipulated PO to Plaintiffs’ counsel for signature before its response to CCP section 871.26(h) was due, and by responding to Plaintiffs’ counsel’s meet and confer letter in good faith to try to avoid this motion.
Plaintiffs shall promptly serve and efile notice of entry (with proof of electronic service on counsel for FCA) of: (i) this order signed by the court; and (ii) the stipulated PO signed by the court on July 21, 2026 in this matter.
The court will prepare the order.
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