Radner vs. FCA US, LLC.

Plaintiff Gombu, LLC’s Motion to Compel Answers to Interrogatories

Plaintiff Gombu, LLC’s Motion to Compel Answers to Interrogatories is DENIED as MOOT. Defendant Do Builder and Design, Inc. has established that it has, subsequent to the filing of this motion, served responses to the subject discovery requests.

The motion, however, is not moot as to the issue of monetary sanctions. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 [court’s discretion where responses served after motion filed.].)

Defendant Do Builder and Design, Inc. shall pay monetary sanctions in the amount of $510 to Plaintiff within 60 days of this ruling.

Plaintiff shall provide notice of both of these rulings.

7. Radner vs. FCA US, LLC.

25-01460933

Motion to Compel Production

Plaintiff Marc Radner’s motion to compel compliance with California Code of Civil Procedure § 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 denied as moot.

Radner’s complaint no longer contains violation of express warranty claims. The third cause of action for violation of Civil Code section 1793.2(a)(3) does not trigger the initial disclosure requirements of Code of Civil Procedure section 871.26. Section 1793.2(a)(3) imposes a statutory duty on manufacturers to make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period. This is a separate statutory obligation that exists independently of whether the manufacturer failed to repair the vehicle to conform to the applicable express warranties after a reasonable number of attempts.

Section 871.26 only applies to actions seeking restitution or replacement pursuant to Section 871.20, and Section 871.20(a) explicitly limits the chapter’s application to actions “seeking restitution or replacement of a motor vehicle pursuant to subdivision (b) or (d) of Section 1793.2, Section 1793.22, or Section 1794 of the Civil Code” where “the request for restitution or replacement is based on noncompliance with the applicable express warranty.” A standalone claim under Section 1793.2(a)(3) for failure to provide service literature and parts to repair facilities does not seek restitution

or replacement of the vehicle—it addresses the manufacturer’s infrastructure obligations to support warranty repairs. Unless the plaintiff also asserts a claim seeking restitution or replacement based on the manufacturer’s inability to repair the vehicle to conform to express warranties after a reasonable number of attempts under Section 1793.2(d)(2), the mandatory disclosure provisions of Section 871.26 would not apply.

The Court imposes sanctions against Defendant and it’s counsel in the amount of $2,500 pursuant to CA Code of Civil Procedure section 871.26(j)(1).

The Case Management Conference is VACATED, and the Court now sets this matter for a jury trial on January 14, 2028, at 11:00 a.m. in Department C12. Jury fees have been paid.

Plaintiff Radner to give notice.

8. Martinez vs. American Honda Motor Co., Inc

25-01452341

Motion to Compel Deposition (Oral or Written)

Plaintiffs Lexi Winslow and Leslie Martinez’s motion to compel the continued deposition of defendant American Honda Motor Co., Inc.’s Person Most Knowledgeable is granted. To be clear, however, the Court agrees with Honda the PMK is not necessarily Defendant’s Field Technical Specialist Sean M.

The deposition shall occur by September 30, 2026.

Sanctions are denied.

Plaintiff to give notice.

9. Ingram vs. Bastidas

24-01374235

Motion to Compel Deposition (Oral or Written)

Defendants Xavier Chavarin Bastidas and JL Xpress, Inc.’s Motion to Compel Non-Party Mercedes Benz of Long Beach aka Long Beach Eurocars LLC (“MBLB”) to respond to a third-party deposition subpoena is GRANTED in part. (Code Civ. Proc. §2025.480.)

MBLB shall make itself available by October 9, 2026 for a deposition to be taken by remote means of the person most knowledgeable “concerning a slip and fall incident that occurred on or about December 16, 2022, involving Iris Inez Ingram at Mercedes of Long Beach, 2300 E. Spring St., Signal Hill, CA 90755”