Machado v. General Motors, LLC, et al

Judge Carlos M. Cabrera

Machado v. General Motors, LLC, et al Motion: Disclosure and Sanctions under CCP 871.26 Movant: Danille Sponseller (Sponseller/Plaintiff) Respondent: FCA US, LLC (FCA/Defendant)

ANALYSIS FCA opted in to the new Lemon Law procedures that requires initial disclosures be made pursuant to Code of Civil Procedure section 871.26 for actions filed on or after January 1, 20205. Under section 871.26, subdivision (b), parties are to make initial disclosures as set forth in subdivisions (f), (g), and (h), within 60 days of the filing of an answer or other responsive pleading.

As applicable to the case at hand, under Code of Civil Procedure section 871.26, subdivision (j)(1), unless the party failing to comply with section 871.26 shows good cause, the Court shall impose sanctions of $2,500 against the defense attorney to be paid within 15 business days for failure to comply with the document production requirements as set forth in subdivision (b).

In the case at hand, defense counsel has not shown good cause for not complying with the statute. Defense admits to not producing documents responsive to subsection h, unless the LASC protective order is executed by the parties. Nothing in section 871.26 allows counsel to withhold documents pending a protective order. Defense counsel admits to inadvertently not producing documents but provides no explanation for this lapse of production. This by now should be a routine production of documents.

RULING 1. Plaintiff’s Motion under California Code of Civil Procedure §871.26 is GRANTED. TURNER HENNINGSEN WOLF & VANDENBURG, LLP is ordered to pay two- thousand-five-hundred-dollar ($2,500) in monetary sanctions within 15 business days for failure to comply with the document production requirements.

2. Defendant is ordered to produce all documents responsive to subdivision h within 15 days.

3. Movant to give Notice.

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