Eneka Franklin-Cummings v. BMW of North America, LLC, et al.

(Van Nuys Courthouse East: Dept. I) August 19, 2026 DEPARTMENT I LAW AND MOTION RULINGS

FRANKLIN-CUMMINGS vs BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al. August 19, 2026, at 8:30 a.m. Van Nuys Courthouse East, Dept. I Tentative Ruling - Motion to Compel and Sanctions I.

Background

On October 31, 2025, Plaintiff Eneka Franklin-Cummings ("Plaintiff") filed a complaint against BMW of North America, LLC ("BMW"), Sherman Oaks-B, Inc. dba BMW of Sherman Oaks ("BMW Sherman Oaks"), and Does 1 to 10 alleging four causes of action: (1) breach of express warranty under the Song-Beverly Consumer Warranty Act; (2) breach of implied warranty under the Song-Beverly Consumer Warranty Act; (3) violation of the Song-Beverly Act Section 1793.2; and (4) negligent repair. On June 24, 2026, BMW filed the instant motion to compel the inspection of Plaintiff's vehicle. On August 6, 2026, Plaintiff filed her opposition. On August 12, 2026, BMW filed its reply. II.

Legal Standard

CCP Sec. 2031.020 permits a defendant to make a demand for inspection, copying, testing, or sampling without leave of court at any time. (See CCP Sec. 2031.020(a).) III.

Discussion

On December 11, 2025, BMW served its notice of vehicle inspection on Plaintiff scheduled for February 9, 2026. (Moore Decl. at P. 4; Exh. A [notice].) BMW declares that it attempted to meet and confer with Plaintiff at least three times regarding inspection of the Vehicle. (Id. at P. 5; Exh. B [correspondence].) As of the date of this motion, Plaintiff failed to provide availability for the inspection. (Id. at P. 6.) In opposition, Plaintiff argues that the motion is moot because, on July 16, 2026, Plaintiff provided availability for the dates of November 2, 2026. (Cardenas Decl. at P.P. 3-4; Exh. 1 [correspondence].) Notably, this date was only provided after the initial motion was filed. In reply, BMW argues that sanctions are still warranted since Plaintiff only provided alternative dates after this motion was filed. (Reply at p. 2.) The Court agrees.

BMW requests $1,600.00 in sanctions, representing four hours of work at an hourly rate of $400.00. (Moore Decl. at P. 8.) The Court finds this amount reasonable. IV.

Conclusion

Based on the foregoing, BMW's motion is GRANTED. Plaintiff is to produce the Vehicle for inspection within 20 days of this order. Additionally, Plaintiff and Plaintiff's counsel, jointly and severally, are to pay defense counsel sanctions in the amount of $1,600.00 within 30 days of this order. Moving party to give notice. | Home -->)" -->