Judge: Joel R Wohlfeil, Case: 37-2023-00037768-CU-BT-CTL, Date: 2024-02-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 29, 2024

02/01/2024  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Business Tort Discovery Hearing 37-2023-00037768-CU-BT-CTL WAISBURD VS VARGAS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 01/05/2024

The Motion (ROA # 27) of Plaintiff Salomon Waisburd ('Plaintiff') for an order compelling nonparty Darren Miller's ('Miller') production of documents responsive to Plaintiff's Subpoena for Production of Business Records ('Subpoena'), is GRANTED IN PART, DENIED IN PART and will be HEARD IN PART.

The Court has read and considered the Complaint - ROA # 1 - which pleads claims for breach of fiduciary duty, declaratory relief and accounting against Defendants TOMAS VARGAS and PROSPECT COASTAL LLC ('Defendants'), as well as the Amended Answer by Defendants, which asserts twenty-one (21) affirmative defenses. See ROA # 21.

The Court has also read and considered the Amended Cross-Complaint - ROA # 22 - which pleads cross claims for breach of contract, breach of the implied covenant of good faith and fair dealing, intentional interference of contractual relations, fraud and breach of fiduciary duty against Cross-Defendants SALOMON WAISBURD and GUILLERMO WAISBURD ('Cross-Defendants'), as well as the Answer which asserts sixteen (16) affirmative defenses. See ROA # 24.

Miller's objections are, except as noted, OVERRULED. The materials are, except as noted, relevant or reasonably calculated to lead to the discovery of admissible evidence and are not privileged.

Miller's objections that the scope of the requests are overbroad are SUSTAINED. The Court, on its own motion, narrows the time period of the requests to January 2022 to the date the subpoena was served on Miller. As narrowed, Miller's overbroad objection is OVERRULED.

Miller's objections that the reference to 'relating to' is overbroad are SUSTAINED. The Court will HEAR on how to make clearer this term of the requests.

Plaintiff's request for sanctions is DENIED. The Notice of Motion does not request sanctions.

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