Judge: Donald F. Gaffney, Case: Leonard v. Shreim, Date: 2023-05-24 Tentative Ruling

TENTATIVE RULING:

Motion to Compel Inspection

Defendant Ghassan Schreim’s motion to compel Plaintiff Brian Leonard to respond to and permit testing and inspection of the real property alleged to be at issue herein, 24205 Robledo, Mission Viejo, California 92691 (the “Property”) is GRANTED in part and DENIED in part.

Code of Civil Procedure section 2031.010(d) allows a party to “demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.” Such a demand may be “without leave of court at any time that is 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first.” (Code Civ. Proc., § 2031.020(b).) “The party making a demand for inspection, copying, testing, or sampling shall serve a copy of the demand on the party to whom it is directed and on all other parties who have appeared in the action.” (Code Civ. Proc., § 2031.040.) If no response is served, the party making the demand may move for an order compelling response to the demand. (Code Civ. Proc., § 2031.300(b).)

On August 23, 2022, Defendant Ghassan Schreim served a Demand for Inspection (“Demand”) on Plaintiff Brian Leonard. (English Decl. ¶ 2, Ex. A.) The Demand requests that Plaintiff permit Defendant and his agent, James B. Zarin-Afsar, to enter the land and premises at 24205 Robledo, Mission Viejo, California 92691. (Id.) The Demand states : “This Property will be inspected, tested, measured with respect to the hold downs, plywood sheathing and nailing, and framing on the first and second floor of the room additions by destructive testing and will permanently alter or destroy the areas of inspection.” (Id.)

Although Plaintiffs Brian Leonard and Shaina Leonard

served objections to the Demand, Plaintiffs state that they are not opposed to a further inspection and concede that some amount of destructive testing may be appropriate. (Opp. at 3:6-7.) Plaintiffs are concerned about the scope of the testing.

Code of Civil Procedure section 2031.010(d) states: “A party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.”

Defendant’s Demand does not sufficiently specify the testing that will be done, the manner in which the testing will be performed, and what, if anything, the testing will permanently alter or destroy. (See Code Civ. Proc., § 2031.030(c)(4).) Accordingly, Defendant’s motion is granted in part. The site inspection shall be for purposes of inspect(ing) and to measure, survey, and photograph the hold downs, plywood sheathing and nailing, and framing on the first and second floor of the room additions. (See Code Civ. Proc. § 2031.010(d)). There shall be no testing or sampling without further order of court.

Moving party to give notice.