Judge: Joel R Wohlfeil, Case: 37-2021-00024970-CU-BC-CTL, Date: 2024-03-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 07, 2024

03/07/2024  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2021-00024970-CU-BC-CTL AMERICAN PRO-COATING LLC VS ACKAD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/08/2024

1. The Motion (ROA # 245) of Defendant / Cross-Complainant / Cross-Defendant YUHONG E. ACKAD ('ACKAD') to compel further responses of Plaintiff / Cross-Defendant AMERICAN PRO-COATING, LLC ('American' or 'Plaintiff') to Ackad's Request for Production of Documents (Set One), to compel production and identification of documents, and for monetary sanctions against AMERICAN and its attorneys of record, is GRANTED IN PART and DENIED IN PART.

Plaintiff's objections are, except as noted, OVERRULED. The objections to nos. 5, 6, 8, 12 - 85 ('All DOCUMENTS ... ' and '... and other related DOCUMENTS' are vague, ambiguous and overbroad) are SUSTAINED. These requests appear to seek production of documents which are relevant or reasonably calculated to lead to the discovery of admissible evidence and are not privileged; however, the scope of these requests are so broad that neither the responding party not the Court should be expected to interpret the call of the requests as currently constituted. The objections to these requests are sustained, without prejudice, for Ackad's ability to re-propound narrower requests.

To the extent overruled, Plaintiff is directed to serve Code-compliant further responses, without objections, 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.

Ackad's request for sanctions is DENIED. Plaintiff has not acted without substantial justification.

Plaintiff's counter request for sanctions is DENIED. Ackad has not acted without substantial justification.

_____ 2. The Motion (ROA # 250) of Defendant / Cross-Complainant / Cross-Defendant YUHONG E. ACKAD ('ACKAD') to compel further responses of Cross-Defendant / Cross-Complainant JOSEPH MARTINEZ ('MARTINEZ') to Ackad's Request for Production of Documents (Set One), to compel production and identification of documents, and for monetary sanctions, jointly and severally, against JOSEPH MARTINEZ and his attorneys of record, is GRANTED IN PART and DENIED IN PART.

Martinez's objections are, except as noted, OVERRULED. The objections to nos. 5, 6, 8, 10, 12 - 92, 97 and 103 ('All DOCUMENTS ... ' and '... and other related DOCUMENTS' are vague, ambiguous and overbroad) are SUSTAINED. These requests appear to seek production of documents which are Calendar No.: Event ID:  TENTATIVE RULINGS

3074214  12 CASE NUMBER: CASE TITLE:  AMERICAN PRO-COATING LLC VS ACKAD [IMAGED]  37-2021-00024970-CU-BC-CTL relevant or reasonably calculated to lead to the discovery of admissible evidence and are not privileged; however, the scope of these requests are so broad that neither the responding party not the Court should be expected to interpret the call of the requests as currently constituted. The objections to these requests are sustained, without prejudice, for Martinez's ability to re-propound narrower requests.

In addition, the scope of contention requests which seek 'All DOCUMENTS that refer or relate to the allegations YOU made ...' are modified, on the Court's own motion, to seek 'All DOCUMENTS that YOU contend supports ...' To the extent overruled or modified, Martinez is directed to serve Code-compliant further responses, without objections, 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.

Ackad's request for sanctions is DENIED. Martinez has not acted without substantial justification.

Martinez's counter request for sanctions is DENIED. Ackad has not acted without substantial justification.

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