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CGC24617913·sf·Civil·Song-Beverly Act
Hearing about 1 year agoGRANTED in part, DENIED in part. Defendant to produce documents and pay $750 in sanctions.

KISHA ESCUDERO ET AL VS. AMERICAN HONDA MOTOR CO., INC. ET AL

Motion To Compel Further Responses To Plaintiffs Request For Production Of Documents, Set One

Hearing date
Jun 3, 2025
Department
301
Judge
Prevailing
Mixed

Motion type

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Causes of action

Monetary amounts referenced

$750

Parties

PlaintiffKisha Escudero
PlaintiffJuan Jose Escudero Panamen
DefendantAmerican Honda Motor Co., Inc.

Ruling

Matter on the Law & Motion/Discovery Calendar for Tuesday, June 03, 2025, line 5, PLAINTIFFS KISHA ESCUDERO, JUAN JOSE ESCUDERO PANAMEN'S Motion To Compel Further Responses To Plaintiffs Request For Production Of Documents, Set One (tentative ruling part 1 of 2)

The court appreciates the parties' meet and confer efforts and the filing of supplemental briefing. Two RFPs remain in dispute. The court orders further production and sanctions as set forth herein.

Plaintiff Kisha Escudero's RFP 30 seeks: "All DOCUMENTS, in the form of a list or compilation, of other Customer Complaints in YOUR electronically stored information of database(s) that are SUBSTANTIALLY SIMILAR to complaints made by Plaintiff with respect to the SUBJECT VEHICLE in other 2019 Acura RDX vehicles."

Escudero's supplemental separate statement contends that Technical Service Bulletins 20-026 and 20-042 relate to Escudero's complaint and that Quality Improvement Sheets and Field Quality Reports would substantiate those service bulletins and reflect other similar customer complaints. Defendant American Honda Motor Inc. stands on its objection that documents related to any other car but Escudero's is not relevant and does not respond to the specific facts Escudero offers.

The court disagrees as to relevance; similar customer complaints are relevant to whether any violation of the Song-Beverly Act was willful. The court orders Honda to produce those Quality Improvement Sheets and Field Quality Reports that relate to the issues identified in its TSBs 20-026 and 20-042 and that were generated for 2019 Acura RDX vehicles sold in California. Honda may redact customer names. Alternatively, Honda may produce a "list or compilation" of customer complaints of the kind that led to TSBs 20-026 and 20-042 relating to 2019 Acura RDX vehicles sold in California, and may redact customer names. Honda shall produce within 20 days of entry of this order but may make a rolling production if documents are voluminous.

Honda's response to RFP 31 is that it does not have and has never had the demanded documents in its possession, custody, or control. Its response substantially complies with CCP 2031.230 and no further response is ordered.

Both parties sought sanctions in the original moving papers and the court continued the sanctions issue to this hearing. The court orders Honda to pay $750 in sanctions to Escudero within 30 days of entry of this order, a reduced amount reflecting Escudero's partial success with her motion.

(END OF TENTATIVE RULING PART 1, SEE PART 2) = (302/CVA) | |

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