Judge: Joel R Wohlfeil, Case: 37-2023-00009413-CU-PA-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 19, 2024

03/22/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00009413-CU-PA-CTL VAZQUEZ VS KACHINA BUILDERS AND CONTRACTORS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 02/23/2024

The Motion (ROA # 35, 40, 44) of WESTON REID, LLC ('WR') for an order to quash the subpoena issued by Defendant KACHINA BUILDERS ('Defendant') to third-party witness, Scripps Patient Financial Services, seeking the production of information and documents pertaining to WESTON REID, LLC, or, in the alternative, for a protective order, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered the Complaint by Plaintiffs ELIAS DOMINGUEZ VAZQUEZ and ROSA ASALIA GUDIEL ('Plaintiffs') and the Answers by Defendants KACHINA BUILDERS AND CONTRACTORS, INC. and JON MARSHALL FRANCO (ROA # 1, 19, 20).

The Motion to quash the subpoena is DENIED. The subpoena seeks, in part, records which are relevant or reasonably calculated to lead to the discovery of admissible evidence on one or more of the elements of Plaintiff's claims and Defendants' defenses.

WR's objections are, except as noted, OVERRULED. The objections to nos. 4 - 8, 13, 17, 18, 21, 23 and (24 to the limited extent of nos. 4 - 8, 13, 17, 18, 21 and 23) are SUSTAINED.

The Motion for a protective order is GRANTED. The records may designated as confidential pursuant to the terms and conditions of a protective order. The parties are directed to meet and confer on the subject of the terms and conditions of a protective order, and be prepared to discuss same at the hearing of this Motion.

WR's putative request for reimbursement for attorney fees and costs is DENIED. The Notice does not seek fees and costs. Further, Defendants' opposition was not filed without substantial justification.

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