CERVANTES, et al. vs GENERAL MOTORS, LLC., et al.

25CV005026: CERVANTES, et al. vs GENERAL MOTORS, LLC., et al. 02/03/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. 871.26 in Department 53

Tentative Ruling

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 53 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver

25CV005026: CERVANTES, et al. vs GENERAL MOTORS, LLC., et al. 02/03/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. 871.26 in Department 53

and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING: Defendant General Motors, LLC’s motion for compliance pursuant to CCP § 871.26 is continued to March 19, 2026, at 1:30 p.m. in this department.

In this Lemon Law action, Defendant seeks an order compelling Plaintiffs Juan and Estefany Cervantes to comply with CCP § 871.26. Specifically, Defendant moves to compel Plaintiffs’ compliance with CCP § 871.26(b) which provides that “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).) Defendant contends that Plaintiffs have failed to provide their initial disclosure and documents.

Plaintiffs did not file an opposition and instead Plaintiffs’ counsel filed a declaration requesting a continuance to allow additional time to re-establish contact with Plaintiffs and complete the initial disclosures and document production required by CCP § 871.26. (Dias Decl. ¶ 3.) Counsel declares that since August 2025, Counsel has made numerous efforts to contact Plaintiffs to obtain the information and documents necessary to comply with the initial disclosure requirements under CCP § 871.26. (Id. ¶ 8.) “Plaintiffs respectfully requests a continuance of the hearing on Defendant’s Motion to allow further attempts to re-establish communication with Plaintiffs and obtain the required documents, without granting the Motion or imposing sanctions at this time.” (Id. ¶ 14.)

The Court will grant Plaintiffs’ request for a continuance and continue the matter to March 19, 2026.

Plaintiffs may file and serve a supplemental opposition, and Defendant may file and serve a reply, pursuant to Code of Civil Procedure section 1005, based upon the new hearing date.

The notice of hearing does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Defendant’s counsel is ordered to notify Plaintiffs’ counsel immediately of the tentative ruling system and to be available at the hearing in person, via Zoom or by telephone, in the event Plaintiffs’ counsel appears without following the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV005026: CERVANTES, et al. vs GENERAL MOTORS, LLC., et al. 02/03/2026 Hearing on Motion - Other for Compliance Pursuant to C.C.P. 871.26 in Department 53