Judge: Colin Leis, Case: 20STCV45914, Date: 2023-03-14 Tentative Ruling

Case Number: 20STCV45914    Hearing Date: March 14, 2023    Dept: 74

COMMUNITY ATTIRE, INC., a California Corporation vs URBAN FITZ, INC. a California Corporation et al. 20STCV45914

Defendants’ Motion filed on November 28, 2022, to Quash Deposition Subpoena for Production of Business Records to Bank of Hope, etc.

  The court finds plaintiff’s need for alter ego evidence overrides defendants’ privacy interests. Commingling is not limited to direct payments from defendant Urban Fitz to defendant Yaddison, but can also involve payments made by Urban Fitz on Yaddison’s behalf. Accordingly, the court denies defendants’ motion to quash and declines to limit the subpoena to transactions solely between Urban Fitz and Yaddison, except for Request No. 10 which is overbroad as phrased and to which Bank of Hope need not comply.

The court grants defendants’ request for a protective order. The court orders counsel to meet and confer to prepare a stipulated protective order. A model order is available on the Superior Court’s website. Bank of Hope shall not produce the subpoenaed documents until the court enters a stipulated protective order.

Defendants’ motion was not made or opposed in bad faith or without substantial justification. Accordingly, the court does not impose sanctions on any party.

Order to Show Cause Whether to Impose Monetary Sanctions