Judge: Carolyn M. Caietti, Case: 37-2023-00012022-CU-BC-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00012022-CU-BC-CTL IGOLF INC VS ALLIED EQUITY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff iGolf, Inc.'s Motion to Compel Defendant Cornerstone Management LLC's Further Responses to Plaintiff's Request for Production of Documents, Set One; and for Sanctions is GRANTED IN PART AND DENIED IN PART.

Plaintiff iGolf, Inc.'s Motion to Compel Defendant Allied Equity, LLC's Further Responses to Plaintiff's Request for Production of Documents, Set One; and for Sanctions is GRANTED IN PART AND DENIED IN PART.

Plaintiff iGolf, Inc.'s Motion to Compel Defendant Donna Nelson's Further Responses to Plaintiff's Request for Production of Documents, Set One and for Sanctions is DENIED.

As a threshold matter, for purposes of these requests, the Court notes the distinction the parties make between 2308 Kettner Blvd., San Diego, California 92101 (the building) and 2308 Kettner Blvd., Suite B, San Diego, CA 92101 (the leased space).

Motion Against Cornerstone Management, LLC (Cornerstone) Generally, No. 1 asks for documents concerning water ingress at the leased space since 2013. No. 2 asks for communications related to mold since 2013. Cornerstone's amended responses state it would produce responsive documents. It is unclear what Plaintiff seeks to compel – the actual production or documents dated for years prior to Plaintiff's lease. To the extent Cornerstone did not produce documents as indicated in its response, it is ordered to serve the production. To the extent Plaintiff seeks production covering all years requested (since 2013), a further response is warranted. The requests, including the time span referenced, are reasonably calculated to lead to the discovery of admissible information. (C.C.P., § 2031.310(a)(1), (3).) No. 3 asks for sewage ingress at the building and No. 5 asks for documents related to the exterior door and/or entry way; both since 2013. Cornerstone lodged objections which lack merit. The requests are not vague, ambiguous or compound. 'Overbroad' is not a valid objection. Plaintiff does not ask for privileged communications and Cornerstone did not provide a privilege log or analysis supporting application of the privileges. Defendant also did not meet its burden or provide any legal authority regarding third party privacy. Thus, a further response is warranted as to Nos. 3 and 5. (C.C.P., § 2031.310(a)(3).) No. 4 asks for common area repairs or remediation at the building since 2013. Cornerstone Calendar No.: Event ID:  TENTATIVE RULINGS

3033936  37 CASE NUMBER: CASE TITLE:  IGOLF INC VS ALLIED EQUITY LLC [IMAGED]  37-2023-00012022-CU-BC-CTL substantively responded that it would provide responsive documents specifically pertaining to the leased space since the inception of the lease. The response is complete and the objections hold merit as every repair at the building since 2013 is not reasonably calculated to lead to the discovery of admissible information.

No. 6 asks for documents related to a porty potty inside the building since 2013. Cornerstone substantively responded, but the response concerns mold and not porta potties. The response is incomplete, warranting a further response.

In light of the mixed result, all requests for sanctions are DENIED.

Thus, the motion is GRANTED IN PART AND DENIED IN PART.

Motion Against Allied Equity, LLC (Allied) Generally, No. 1 asks Allied for documents of water ingress at the leased space since 2013. As discussed above, this request is reasonably calculated to lead to the discovery of admissible information and Allied's substantive response is unclear as to whether documents predating the lease will be produced. Thus, the response is incomplete, warranting a further response.

No. 2 asks for repairs made at the building since 2013. Cornerstone substantively responded that it would provide responsive documents specifically pertaining to the leased space since the inception of the lease. Allied must comply with this representation if it has not already done so. The response is complete and the objections hold merit as every repair at the building since 2013 is not reasonably calculated to lead to the discovery of admissible information.

No. 3 asks for documents related to 'modifications and build outs – whether by a tenant or [you]' made to the building since 2013. No. 4 asks for permits related to the building since 2013. No. 5 asks for documents related to mold at the building since 2013. For each, Allied lodged valid objections. Not every modification, build out, permit or evidence of mold is reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding, for each response, Allied indicated it would produce responsive documents pertaining to the leased space, amounting to a complete response. Thus, a further response is not warranted but Allied must comply with its representations it will produce.

In light of the mixed result, all sanctions requests are denied.

For these reasons, the motion is GRANTED IN PART AND DENIED IN PART.

Motion Against Donna Nelson Plaintiff's request asked Defendant Donna Nelson for four categories of documents. Generally, the categories are: (1) water ingress at the building; (2) documents relating to Nelson serving as a broker and property manager; (3) sewage ingress at the building; and (4) communications with Plaintiff. For each response, Nelson lodged objections and, notwithstanding those objections, substantively responded she did not have any documents in her possession and that any documents are in the possession of the other defendants. Plaintiff does not maintain the substantive responses fail to comply with C.C.P. sections 2031.210, et seq. A further response is not warranted.

For these reasons, the motion, including the request for sanctions, is DENIED.

Nelson requests sanctions against Plaintiff for having to oppose this motion and attributes incurring $900 to oppose this motion. Plaintiff did not file a reply memorandum (only a 'Supplemental Reply' which reads more like a separate statement) and did not address the request for sanctions. Nelson's opposition request for sanctions is GRANTED.

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3033936  37 CASE NUMBER: CASE TITLE:  IGOLF INC VS ALLIED EQUITY LLC [IMAGED]  37-2023-00012022-CU-BC-CTL Concluding Orders Motion Against Cornerstone Defendant Cornerstone Management, LLC is ordered to serve a further, verified response to Request for Production of Documents, Set One, Nos. 1-3, 5 and 6 by April 19, 2024.

Motion Against Allied Equity Defendant Allied Equity, LLC is ordered to serve a further, verified response to Request for Production of Documents, Set One, Nos. 1 by April 19, 2024.

Motion Against Donna Nelson Plaintiff IGolf, Inc. is ordered to pay Defendant Donna Nelson monetary discovery sanctions in the amount of $900 by April 19, 2024.

For All Motions For any representation documents will be produced, Defendants must do so by April 19, 2024.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Plaintiff is ordered to serve notice of the Court's final ruling by March 26, 2024.

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