GREGORY SHNEYER ET AL VS. VOLKSWAGEN GROUP OF AMERICA, INC. ET AL

Matter on the Law & Motion / Discovery calendar for Monday, October 13, 2025, Line 9. PLAINTIFFS' MOTION TO COMPEL LARS MUEHLFELDER TO ANSWER QUESTIONS AND FOR SANCTIONS.

Plaintiffs Gregory Schneyer and Alla Tripolsky's motion to compel Lars Muehlfelder to answer questions and for sanctions is granted in part.

Unless defendant Volkswagen Group of America, Inc. withdraws Mr. Muehlfelder as an expert by October 15, 2025, discovery is re-opened for the sole purpose of requiring Mr. Muehlfelder to produce documents and appear at a further session of his deposition on a mutually agreed date prior to October 31, 2025 by Zoom, in the State of New York or at a mutually agreed location.

No later than October 20, 2025 Mr. Muehlfelder must make a reasonably diligent search for all documents responsive to the document requests in the July 16, 2025 notice of his deposition that are in his possession, custody and control (including his ability to access such documents in his capacity as an employee of VWAG) and produce all such responsive documents at least three business days prior to the second session of his deposition.

At the second session of his deposition Mr. Muehlfelder must answer all questions which he failed to answer at the first session of his deposition and reasonable follow-up questions.

Plaintiffs' requests for issue and evidentiary sanctions are denied without prejudice to plaintiffs seeking those sanctions at a later date if this order is not complied with in full.

VW GoA's designation of Mr. Muehlfelder as a non-retained expert and seeking to take advantage of his knowledge and expertise in this case after asserting that VWGoA was unable to produce documents in the possession of VWAG undermines the purposes of civil discovery and constitutes discovery abuse unless prior to trial plaintiffs are able to fully depose Mr. Muehlfelder about his knowledge and expertise without instructions not to answer and receive all documents they have sought from Mr. Muehlfelder.

All of VW GoA's arguments against compelling Mr. Muehlfelder to attend a further session of his deposition and to produce documents lack merit.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.)

To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.