Judge: Jon R. Takasugi, Case: 21STCV24248, Date: 2024-01-10 Tentative Ruling

Case Number: 21STCV24248    Hearing Date: January 10, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to compel compliance is GRANTED.

On 6/29/2022, Plaintiff Homayoon Ebraim-Nehoray (Plaintiff) filed suit against Farzin Aghaipour, Shahla Sassounian, and Pacific Construction (collectively, Defendants). On 1/3/2022, Plaintiff filed a first amended complaint (FAC) alleging: (1) declaratory relief; (2) trespass; and (3) private nuisance.

            Now, Plaintiff moves to compel Defendant’s compliance with the subpoena for business records served on M&G Civil Engineering & Land Surveying (M&G).

Discussion

            Plaintiff served a subpoena for business records on M&G on October 5, 2021. M&G’s deposition was conducted on May 24, 2023. M&G produced documents on June 12, 2023. (Erigero Decl. ¶ 3). Upon receipt of M&G’s document production, Nehoray realized that M&G had failed to provide the AutoCad format data file which serves as the basis for any final printed survey. Now, Plaintiff moves to compel production of the software version of the drawings, rather than just the PDF versions of the drawings.

            After review, the Court finds Plaintiff’s motion should be granted.

In opposition, Defendant contends that the motion is untimely and that the documents sought are private and confidential.

As to the first concern, pursuant to CCP section 2025.480(b), a motion to compel compliance with a deposition subpoena no later than 60 days after the completion of the record of the deposition. (Code Civ. Proc. § 2025.480(b).) The deposition record is “complete” as of the “date specified for production” or the date objections are served. (Board of Registered Nursing v. Sup. Ct. (Johnson & Johnson) (2021) 59 Cal.App.5th 1011, 1032-1033.) Here, while M&G produced some documents on June 12, 2023, it did not serve objections until August 24, 2023. Accordingly, Plaintiff had 60 days from August 24, 2023 to file its Motion. Plaintiff’s Motion was filed on October 23, 2023. Therefore, Plaintiff’s Motion is timely

            As to the second concern, Defendant argues that “it is not standard industry practice for a surveyor to provide AutoCAD data to a party who has not paid for it,” and that Plaintiff hasn’t shown a particularized need for the data. (Opp., 3: 27-4:3.) However, Plaintiff has set forth such a particularized need: “As the surveyors, M&G’s AutoCad files contain important information regarding the architectural and landscape plans of Aghaipour’s property. Plaintiff’s entire action against Defendant Aghaipour consists of the obstructive construction surrounding his architectural and landscape plans that have interfered with Nehoray’s use and enjoyment of his property. Plaintiff is entitled to the information in the AutoCad files in order to properly present evidence that establishes his claim for nuisance and trespass.” (Reply, 4: 1-7.) Moreover, privacy interests are not inviolable,  but rather must be weighed alongside the opposing party’s interest in the discovery. Here, Defendant asserts in a conclusory fashion that the AutoCAD data is private and confidential, but do not engage in any description of the confidential nature of the AutoCad files, or provide analysis as to why this confidentiality interest outweighs the need for discovery. 

            Based on the foregoing, Plaintiff’s motion to compel compliance is granted.

It is so ordered.

Dated:  January    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.