Code of Civil Procedure - CCP - CCP § 871.26

Summary

(a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20. (b) Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to al

Text

(a)
This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20.
(b)
Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h).
(c)
Within 120 days after the filing of the
answer or other responsive pleading, all parties have the right to conduct initial depositions, each not to exceed two hours, of the following deponents:
(1)
The plaintiff.
(2)
The defendant, and if the defendant is not a natural person, the person who is most qualified to testify on the defendant’s behalf. This deposition shall be limited to the topics listed in subdivision (i).
(d)
Within 90 days after filing of the answer or other responsive pleading, all parties shall schedule a mediation to occur within 150 days after filing of the answer
or other responsive pleading with a court-appointed or private mediator.
(1)
Costs shall be distributed equally, but costs may be recoverable by the plaintiff as part of a settlement or judgment.
(2)
The plaintiff and a person with settlement authority for the manufacturer shall attend the mediation in person or by remote means.
(e)
Except as provided in subdivisions (b) and (c), all other discovery shall be stayed until mediation is concluded. If the case is not resolved at the conclusion of mediation, standard discovery procedures prescribed in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedures shall apply, including an additional deposition of the plaintiff and the defendant and, if the defendant is not a natural person, the person who
is most qualified to testify on the defendant’s behalf.
(f)
The plaintiff shall provide the following documents to all other parties pursuant to the timeline set forth in subdivision (b):
(1)
Sales or lease agreement.
(2)
Copy of current registration.
(3)
Any finance information, account information, including payment history and estimated payoff amount, and any loan modification agreements.
(4)
Any repair orders, including to third-party repair facilities or the location of where information
relating to repair orders may be found.
(5)
Documents detailing all underlying claimed incidental damages.
(6)
Information pertaining to the market value of the motor vehicle that is currently in the consumer’s possession.
(7)
Any written, pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request.
(g)
The plaintiff shall provide the following information to all other parties pursuant to the timelines set forth in subdivision (b):
(1)
Mileage of the motor vehicle as of the date of the disclosure described in subdivision (b).
(2)
Primary driver or drivers of the motor
vehicle.
(3)
If the motor vehicle is primarily used for a business purpose, whether more than five vehicles are registered to the business.
(4)
Whether the plaintiff is still in possession of the motor vehicle.
(5)
Address where the motor vehicle is located.
(6)
Whether the plaintiff is an active or prior member of the Armed Forces.
(7)
Whether the motor vehicle has been involved in a collision or accidents reported to insurance prior to the nonconformity, and if so, the approximate date
of the collision, the name of the insurance company, and any applicable claim number.
(8)
Whether the motor vehicle has any aftermarket modifications done after purchase of the motor vehicle, and if so, a list of each modification.
(9)
Dates and mileages for presentations that are not included in the provided repair orders or the location of where the information may be found.
(10)
Whether the plaintiff has had any pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request.
(11)
Any need for an interpreter for purposes of a deposition.
(h)
The defendant or manufacturer shall provide the following documents to all other parties
pursuant to the timelines prescribed in subdivision (b):
(1)
Copy of or access to a version of the owner’s manual for a motor vehicle of the same make, model, and year.
(2)
Any warranties issued in conjunction with the sale of the motor vehicle.
(3)
Sample brochures published for the motor vehicle.
(4)
The motor vehicle’s original invoice, if any, to the selling
dealer.
(5)
Sales or lease agreement, if the manufacturer is in possession.
(6)
Motor vehicle information reports, including build documentation, component information, and delivery details.
(7)
Entire warranty transaction history for the motor vehicle.
(8)
Listing of required field actions applicable to the motor vehicle.
(9)
Published technical service bulletins (”TSBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle.
(10)
Published information service bulletins (“ISBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle.
(11)
Records relating to communications between the manufacturer or dealership and the owner or lessee of the motor vehicle, including those related to repair orders or claims involving the motor vehicle.
(12)
Warranty policies and procedure manuals.
(13)
Service manuals reasonably related to the nonconformities pertaining to the motor vehicle.
(14)
If a pre-suit restitution or replacement request is made, all call recordings of pre-suit communications with the consumer available at the time of service of the complaint.
(15)
If a pre-suit restitution or replacement request is made, the manufacturer’s written statement of policies and procedures used to evaluate customer requests for restitution or replacement pursuant to “Lemon Law” claims.
(16)
If a pre-suit restitution or replacement request is made, any nonprivileged, prelitigation evaluation.
(17)
Any warranty extensions or modifications issued by the manufacturer on the
motor vehicle.
(i)
If the defendant is not a natural person, the initial deposition of the person who is most qualified to testify on the defendant’s behalf shall be limited to the following topics:
(1)
All warranties that accompanied the plaintiff’s motor vehicle at the time of purchase or lease.
(2)
Questions relating to the nature and extent of the entire service history, warranty history, and repairs relating to the motor vehicle.
(3)
Questions relating to recalls applicable to the motor vehicle.
(4)
Questions relating to a reasonable number of Technical Service Bulletins or Information Service Bulletins reasonably related to the nonconformities pertaining to the motor vehicle.
(5)
Questions relating to relevant diagnostic procedures consulted and followed while diagnosing the plaintiff’s concerns for the motor vehicle.
(6)
Questions relating to relevant repair procedures consulted and followed during the repairs for the motor vehicle.
(7)
Questions relating to relevant communications between the plaintiff and defendant regarding the motor vehicle.
(8)
Questions relating to relevant communications between the defendant and any dealership or other third parties regarding the motor vehicle.
(9)
If a pre-suit restitution or replacement request was made, questions relating to why the defendant did not replace the motor vehicle or provide restitution.
(10)
If a pre-suit restitution or replacement request was made, any nonprivileged evaluation prepared by the manufacturer.
(11)
If a pre-suit restitution or replacement request was made, the manufacturer’s policies and procedures regarding the restitution or replacement of vehicles in response to a consumer’s request for restitution or replacement under the Song-Beverly Consumer Warranty Act, in effect from the date of the notice of the consumer’s request for
restitution or replacement of the vehicle to the present, and any changes thereto.
(j)
Unless the party failing to comply with this section shows good cause, notwithstanding any other law and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose sanctions as follows:
(1)
A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business days for failure to comply with the document production requirements as prescribed in subdivision (b).
(2)
A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business
days for failure to comply with the provisions relating to depositions as prescribed in subdivision (c).
(3)
For a plaintiff’s repeated noncompliance with subdivision (b), (c), or (d), a court shall order the case dismissed without prejudice and the plaintiff’s attorney to be responsible for costs awarded to the manufacturer.
(4)
For a manufacturer’s or defendant’s repeated noncompliance with
subdivision (b), (c), or (d), a court shall order that evidentiary sanctions attach precluding the manufacturer or defendant from introducing evidence at trial regarding whether the motor vehicle had a nonconformity that substantially impaired the use, value, or safety of the motor vehicle, or whether the motor vehicle was repaired to match the written warranty after a reasonable number of opportunities to do so.
(5)
Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to this subdivision to report the sanction, in writing, to the State Bar of California within 30 days of the
imposition of the sanction.
(k)
This section does not apply to a party who is not represented by counsel.
(
l
)
In addition to the requirements prescribed by subdivision (a), this section only applies to a civil action filed on or after January 1, 2025.

Retrieval chunks

• #1 | Code of Civil Procedure - CCP - CCP § 871.26

  (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20. (b) Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosur…

• #2

  Information pertaining to the market value of the motor vehicle that is currently in the consumer’s possession. (7) Any written, pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request. (g) The plaintiff shall provide the following information to all oth…

• #3

  Published technical service bulletins (”TSBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle. (10) Published information service bulletins (“ISBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehic…

• #4

  Questions relating to relevant communications between the defendant and any dealership or other third parties regarding the motor vehicle. (9) If a pre-suit restitution or replacement request was made, questions relating to why the defendant did not replace the motor vehicle or provide restitution. (10) If a pre-s…

• #5

  Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to this subdivision to report the sanction, in writing, to the State Bar of California within 30 days of the imposition of the sanctio…