Judge: Joel R Wohlfeil, Case: 37-2021-00023321-CU-MC-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 24, 2024

04/25/2024  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Misc Complaints - Other Discovery Hearing 37-2021-00023321-CU-MC-CTL MATA VS. DIGITAL RECOGNITION NETWORK INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/28/2024

The Motion (ROA # 275) of Plaintiff Guillermo Mata, on behalf of himself and the Class ('Plaintiff') for an order to compel Defendant DIGITAL RECOGNITION NETWORK, INC. ('Defendant') to produce documents and further responses to Plaintiff's Request for Production, Set Four, is, on the Court's own motion, CONTINUED to Friday April 26, 2024 at 9:00 AM in D 73.

The Motion is GRANTED IN PART, DENIED IN PART and will be HEARD IN PART.

The Court has read and considered Plaintiff's Complaint for violation of Cal. Civ. Code 1798.90.5 et seq.

against Defendant. The relief sought is, in part: 'An injunction requiring Defendant to cease all unlawful activities.' The Court has read and considered Defendant's Answer. See ROA # 14.

Generally, the Court is not persuaded that the 'revenues' documents (nos. 32 and 33) are relevant or reasonably calculated to lead to the discovery of admissible evidence (and are not privileged) to the claims and defenses in the operative pleadings - other than injunctive relief which may involve a balancing of a number of financial factors, including Defendant's revenues.

The Court will HEAR whether, if at all, Defendant's revenues are relevant and discoverable (though Defendant represents these documents have been produced). See ROA # 293.

Defendant's objections are, except as noted, SUSTAINED. The objections to nos. 37 and 40 are OVERRULED.

Defendant is directed to serve Code-compliant responses within twenty (20) days of the hearing of this Motion and produce the documents within twenty-five (25) days of the hearing of this Motion.

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