Judge: Glenda Sanders, Case: JCCP5140, Date: 2022-09-02 Tentative Ruling
1. Motion re January 1, 2022 R&R Concerning Devine Deposition (ROA 879);
2. Motion re March 2, 2022 R&R Concerning Therrien’s SROGS to Devine; Devine Motion to Reopen Discovery re Therrien; and Plaintiffs’ Motion for Relief from Stipulation to Conduct Depositions (ROA 1358);
3. Motion to Compel Deposition Responses by Alan Robbins
4. Omnibus Motion re: 11/15/21 Recommendations
Re Motion No. 1: 1/10/22 R&R re Devine Deposition
The court has received Plaintiffs’ Notice of Withdrawal and Withdrawal Without Prejudice of Objections to the January 10, 2022 Report and Recommendation of the Discovery Referee (Devine Deposition). (ROA 1479). As Plaintiffs were the only parties that objected to the 1/10/22 Report and Recommendation, the court ADOPTS the Discovery Referee’s 1/10/22 Report and Recommendation in full.
Plaintiff Faith Devine shall appear for further examination at a place and time to be determined in compliance with the Notice of Deposition, the Case Management Order of 12/18/18, and the Referee’s 1/10/22 Report. If the parties are unable to reach an agreement on the date, time and place of the deposition within 5 days of this order, they shall contact the clerk to schedule a status conference with the court. The court will set the date after considering each side’s proposals.
Re Motion No. 2 Concerning the 3/2/22 R&R re Therrien’s Special Interrogatories to Devine, Devine’s Motion to Reopen Discovery, and Plaintiffs’ Motion for Relief from Stipulation
The hearing on the Discovery Referee’s 3/2/22 Report and Recommendation is continued to September 30, 2022 at 1:30 p.m. in Department CX101. As the court has previously advised counsel, the court requires two identical thumb drives containing all documents related to the Report and Recommendation to be lodged in the Department in advance of the hearing. Thumb drives were lodged regarding two out of the three motions underlying the Recommendation on the afternoon of 8/30/22. The late lodging of the thumb drives did not provide adequate time for the court’s review.
Re No. Motion 3 Concerning the Robbins Deposition
Per the parties' request, the motion Concerning the Deposition of Alan Robbins has been continued to September 9, 2022.
Re Motion No. 4 Concerning the 11/15/2021 Omnibus R&R
The court ADOPTS the Discovery Referee’s 11/15/21 Report and Recommendation, except as follows:
The court does not adopt the Referee’s recommendation as to the Sunranch Parties’ Topic/RFP 1. The motion is granted as to that Topic/RFP, except that subsection (c) is stricken from the Topic/RFP on the grounds that, as the Referee noted, the use of qualifiers such as “anticipated to be obtained” and “understood to be owned in whole or in part” make this portion of the Topic/Request vague, ambiguous and unintelligible.
The Referee did not provide a recommendation regarding the Sunranch Parties’ PMK Topic/RFP 3 or Portola PMK Topic/RFP 8. These Topics/RFPs are identical. They seek communications regarding the withdrawal of any assets from Otay Project L.P. to protect such assets against potential claims of creditors. The requested information is reasonably calculated to lead to the discovery of admissible evidence. The objections are overruled and the motion granted as to these Topics/RFPs.
The Referee did not provide a recommendation regarding Portola’s PMK Topics/RFPs 9 through 12. These PMK Topics/RFPs are identical to the Sunranch Parties’ PMK Topics/RFPs 4 through 7. As the court adopts the Referee’s recommendations regarding the Sunranch Parties’ PMK Topics/RFPs 4 through 7, those rulings are also adopted in relation to, and so applied to, Portola Topics/RFPs 9 through 12.
Except as discussed above, the court otherwise adopts the Referee’s 11/15/21 Recommendation including
the Referee’s Recommendation on the question of sanctions.
The court is hopeful that the parties will be able to accept this tentative ruling as the final ruling on the issues discussed above so that discovery may proceed apace.
Please inform the clerk by emailing her before 12:00 p.m. on the day of the hearing at CX101@occourts.org if both parties intend to submit on the tentative.