Judge: Lee W. Tsao, Case: 22NWCV00617, Date: 2023-04-26 Tentative Ruling

Case Number: 22NWCV00617    Hearing Date: September 13, 2023    Dept: C

reyes v. nissan north america

CASE NO.:  22NWCV00617

HEARING 9/13/23 @ 10:30 AM

#8

 

Plaintiff’s Motion to Compel Further Responses is DENIED as moot and Plaintiff’s request for sanctions is DENIED.

Moving Party to give NOTICE.

 

Plaintiff Fanny Reyes (Plaintiff) moves to compel Defendant Nissan North America (Defendant) further response to Request for Production (set one) pursuant to CCP § 2031.310.

Background

On December 10, 2019, Plaintiff entered into a Retail Installment Sales Contract (RISC) to finance their purchase of a 2020 Nissan Altima from a Nissan dealership. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 21, 2022, Plaintiff filed a Complaint against Defendant alleging violation of Song-Beverly Act against Defendant.

Defendant filed a motion to compel arbitration under the RISC and its accompanying arbitration agreement and to stay proceedings on February 1, 2023.

Legal Standard

CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general.  The motion shall be accompanied with a meet and confer declaration.  (CCP § 2031.310(b).) 

Discussion

Plaintiff served written discovery on Defendant on January 3, 2023. Defendant served objection only responses on February 6, 2023 objecting to each request on the grounds there was a stay of proceedings due to its motion to compel arbitration and stay proceedings filed on February 1, 2023. Plaintiff filed a motion to compel further responses on March 27, 2023. Defendant served supplemental responses on August 15, 2023. Plaintiff’s Motion to Compel Further Responses is moot because supplemental responses were served prior to this hearing.

Sanctions

The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).)

The Court finds that Defendant acted with substantial justification because the Court believes discovery was stayed pending the resolution of its Motion to Compel Arbitration. Thus, Plaintiff’s request for sanctions is denied.

 

Accordingly, Plaintiff’s Motion to Compel Further Responses is DENIED as moot and Plaintiff’s request for sanctions is DENIED.