(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 defendantâs 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 defendantâs 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 consumerâs 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
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.