Judge: Deborah C. Servino, Case: 30-2022-01281344, Date: 2023-07-28 Tentative Ruling

Motion to Compel Vehicle Inspection

Plaintiffs Belmont Asset Solution, LLC and Chad Ullery’s motion to compel inspection of the vehicle that is the subject of this case against Defendants Brian T. Hall, Defenders Northwest LLC, Michele A. Hall, is denied.

A demand may be used to obtain inspection, copying, testing or sampling of tangible things, which here includes that vehicle at issue in this lawsuit.  (Code Civ. Proc., § 2031.010.)  Each demand must be separately set forth and state designate the evidence to be inspected by specifically describing each item or by “reasonably particularizing” each category of item. (Code Civ. Proc., § 2031.030, subd. (c)(1).)

As is relevant here, if the demanding party intends to conduct any tests, sampling or similar activity on the evidence, the demand must so state and also state the manner in which such activity will be performed. (Code Civ. Proc., § 2031.030, subd. (c)(4).)  A motion to compel further responses must be accompanied by a declaration showing “a reasonable and good faith attempt” to resolve the issues outside of court. (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2).)

Here, Plaintiffs served a notice of inspection on April 24, 2023 pursuant to Code of Civil Procedure sections 2031.010-2031.510 to of the 1984 Land Rover, VIN# SALLDHMC7BA21934 that is the subject of this lawsuit.

The demand stated as follows: "The VEHICLE which is the subject of this lawsuit as identified above. The inspector intends to inspect the inside and outside of the VEHICLE including its components, its condition and its running condition."  (Assanti Decl., at ¶ 6, Exh. B.)

On May 11, 2023, Defendants served objections to the request. (See Separate Statement [ROA 77].) This motion was timely filed within 45 days of electronic service of that objection.

On June 26, 2023, Defendants were served with Plaintiffs’ motion. (Carino Decl., at ¶ 6.) On July 7, 2023, defense counsel attempted to meet and confer with Plaintiffs' counsel and reminded counsel of all the issues that Defendants raised in its objection. Defendants’ meet and confer requested Plaintiffs' counsel to respond and meet and confer on the issues raised in the letter by July 13, 2023. (Carino Decl., Exh. D.)  As of the date the opposition was filed, Plaintiffs had not met and conferred regarding the issues raised in Defendants’ objections to Plaintiffs’ Notice. (Carino Decl., at ¶ 9.)  There was no such reasonable and good faith effort to meet and confer after the objections were served.

Moreover, based on the evidence provided in the moving and opposing papers and the pleadings in this case, the demand is not reasonably particularized. In correspondence prior to the demand being served, Plaintiffs’ counsel indicated that he would bring an expert to the inspection and “inspect and photograph and document all aspects of the vehicle for our case”. This implies that Plaintiffs intend to deconstruct the car or some of its parts. Thus, the motion is denied.

Defendants shall give notice of the ruling.

Motion to be Relieved

Alessandro G. Assanti, Esq. and A.G. Assanti & Associates, P.C.’s motion to be relieved as counsel for Plaintiff Belmont Asset Solutions, LLC is granted.

Plaintiff's counsel did not provide the last known address and telephone number for Plaintiff Belmont Asset Solutions, LLC on the proposed order.  Counsel should be prepared to provide the address and telephone number, so that the court can sign the proposed order.

Upon the signing of the order, Mr. Assanti shall serve the signed order on his client Belmont Asset Solutions, LLC and defense counsel. Mr. Assanti and A.G. Assanti & Associates, P.C. will be relieved as counsel of record for Belmont Asset Solutions, LLC, effective upon the filing of the proof of service.

Plaintiff Belmont Asset Solutions, LLC cannot represent itself. It must seek legal representation immediately. Failure to retain an attorney may lead to striking the pleadings, among other things.

The court therefore sets a status conference re: counsel for Belmont Asset Solutions, LLC for September 15, 2023, at 10 am in Department C21. 

Mr. Assanti shall give notice of the ruling.