Judge: James A. Mangione, Case: 37-2023-00008072-CU-BC-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00008072-CU-BC-CTL VELTMAN HOLDINGS LTD VS HILL REM INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Veltman Holdings, Ltd.'s Motion to Compel Further Responses to Plaintiff's Demand for Production, Inspection and Copying of Documents, Set One is granted in part.

Plaintiff's request to order Defendants to obtain the requested bank statements directly from Comerica and/or Chase Bank is denied. Defendants have shown that they no longer have access to the accounts at issue but have still attempted to obtain the requested records. If either third-party bank produces records to Defendants, they are directed to produce them to Plaintiff. However, in this unique circumstance, Defendants have satisfied their discovery obligations by conducting a diligent search for the records and identifying Mr. Richard Annen as an individual with potential possession of the documents.

The Court grants Plaintiff's request to order Defendant Hill to search his personal storage unit for responsive documents. Given Mr. Hill's current residence and existing travel plans, the Court finds it appropriate to order production of any relevant documents within sixty (60) days.

Finally, the Court notes that there is contradictory evidence as to the existence of responsive documents potentially located in Defendant Hill's emails. The Court orders the parties to meet and confer regarding a list of search terms that can be used to locate potentially relevant documents. Production of any relevant documents should occur within thirty (30) days of the parties' agreement on appropriate search terms.

Plaintiff Veltman Holdings, Ltd.'s Motion to Compel Further Responses to Plaintiff's Special Interrogatories, Set One is denied. No proof of service was attached to the motion.

The minute order is the order of the Court.

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