Judge: Douglas W. Stern, Case: 23STCP00664, Date: 2023-04-13 Tentative Ruling

Case Number: 23STCP00664    Hearing Date: April 13, 2023    Dept: 68

California Regional Water Quality Control Board, Los Angeles Region, Prosecution Team v. Liberty Property Limited Partnership, case no. 23STCP00664

Petitioner filed a “Petition for Order to Show Cause and Order Compelling Compliance with Subpoena” seeking to compel compliance by Respondent Liberty Property Limited Partnership.  This proceeding arises out of a Water Board investigation regarding the claimed discharge by Respondents of over 5 million gallons of water alleged to contain pollutants into the Dominguez Channel Estuary, without a permit, on September 30, 2021 through October 2, 2021.

On April 3, 2023 this Court issued its Order to Show Cause and set it for hearing on April 13, 2023.

Respondent Liberty Property Limited Partnership filed its Response on April 11, 2023. Among other things, it contends that it has now completed the production of all nonprivileged relevant documents. Respondent has submitted the Declaration of Navi Dhillon attesting to the “rolling production” that commenced in January 2023 and was completed April 6, 2023. He attached various exhibits, including the correspondence accompanying the various productions. According to the documentation, Respondent has now produced 7,236 pages of responsive materials. Respondent has also attached the Declaration of Joseph B Adams also attesting to the production of “all responsive, nonprivileged documents in its possession, custody or control.”

In light of the assertions of compliance by Respondent, the parties should be prepared at the hearing to inform the Court whether there remained any matters for this Court to address at this time.  (The Court recognizes that it is too soon to know for certain that Petitioner agrees with the representation of complete production by Respondent.  Nevertheless, the Court seeks to learn whether Petitioner preliminarily agrees or disputes that assertion.)

Based on the representations made by Respondent, the Court tentatively intends to set a Status Conference in approximately 90 days but otherwise take no further action at this time in this matter.