Judge: Elaine W. Mandel, Case: 18SMCV00115, Date: 2023-02-21 Tentative Ruling

Case Number: 18SMCV00115    Hearing Date: February 21, 2023    Dept: P

Tentative Ruling

Baker et al. v. Maree, Inc. et al., Case No. 18SMCV00115

Hearing Date February 21, 2023

Plaintiff’s Motion to Compel Inspection of Property (UNOPPOSED)

Plaintiff Baker alleges defendant Maree failed to install contracted-for cabinets and closets at his home. Baker served a demand to inspect defendant’s showroom for evidence related to the materials and products described above. Maree objected. Baker moves to compel.

A party in discovery may issue a demand for inspection of property and tangible things, allowing them to enter onto the responding party’s land and inspect, measure, survey, photograph, or test designated objects on the property. Cal. Code of Civ. Proc. §2031.010.

Baker’s request is relevant, as Maree alleges it did not manufacture certain items on-site but ordered them for storage at the warehouse. Determining whether the items were or could have been stored at the warehouse is potentially relevant to the allegations. Maree’s objections are boilerplate, and Maree does not explain how inspecting a warehouse would violate the attorney-client privilege or how the contents of the warehouse constitutes information in plaintiffs’ possession. The request is narrowly tailored to allow inspection only related to the cabinets and closets.

The objections are overruled. However, this is a site inspection only; plaintiff is not entitled to an inspection of documents, etc. that might be housed at the warehouse. GRANTED. The inspection is to proceed within 30 days at a mutually agreeable date and time.