Judge: Keri G. Katz, Case: 37-2015-00033538-CU-CD-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Construction Defect Discovery Hearing 37-2015-00033538-CU-CD-CTL CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' motion to compel further responses to Plaintiffs' Request for Production of Documents, Set Two, from Defendant Santaluz, LLC is GRANTED IN PART AND DENIED IN PART.

Request for Production Nos. 7, 8, 9, 11, 13, 19 and 20: GRANTED IN PART 7 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the ownership of SANTALUZ, LLC, during the time that the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT were ongoing, from approximately 1998 to 2010.

8 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all current and past owner(s) of SANTALUZ, LLC.

9 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all current and past member(s) of SANTALUZ, LLC, whether the members are natural persons, entities, or otherwise.

11 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all current and past manager(s) of SANTALUZ, LLC.

13 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the membership ledgers of SANTALUZ, LLC, during the time that the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT were ongoing, from approximately 1998 to 2010.

19 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the corporate status of SANTALUZ, LLC, at the time of its formation in approximately 1998.

20 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the corporate status of SANTALUZ, LLC, for the duration of the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

The court finds the documents Plaintiffs seek relevant to Plaintiffs' claims in this case. As to the objections Santaluz raises, the court overrules the 'defined terms' objections as well as the relevance, compound, vague and ambiguous, duplicative and 'protected by the laws relating to confidentiality' objections. Santaluz's substantive responses to each of these requests are virtually identical. Santaluz raises objections and then responds: 'Responding Party hereby produces documents responsive to this Calendar No.: Event ID:  TENTATIVE RULINGS

3075811  5 CASE NUMBER: CASE TITLE:  CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]  37-2015-00033538-CU-CD-CTL request as Bates No. [XXXX – XXXX].' The court finds Santaluz's responses insufficient. Pursuant to CCP § 2031.210: (a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities.

(2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item.

(3) An objection to the particular demand for inspection, copying, testing, or sampling.

Although Santaluz raises objections, Santaluz also states that it is producing documents. However, contrary to the requirements of CCP § 2031.210(a) Santaluz does not state that it 'will comply with the particular demand for inspection' only that it is producing documents responsive to the requests. As a result, it is unclear from Santaluz's responses whether Santaluz is withholding documents from production based on the objections Santaluz raises.

The court sustains Santaluz's overbroad objections to Request Nos. 7, 13, and 20 and limits these requests to the time period '1998 through 2004.' The court also limits Request Nos. 8, 9 and 11 to this same time period. The court finds these requests overbroad as to time.

The court orders Santaluz to serve Code-compliant responses, and to produce all responsive documents, within 20 days of this ruling. To the extent Santaluz withholds any documents based on privilege Santaluz shall provide a privilege log at the time of production.

Request for Production No. 10: GRANTED IN PART 10 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all current and past employees of SANTALUZ, LLC.

The court finds the documents Plaintiffs seek relevant to Plaintiffs' claims in this case. The court overrules Santaluz's 'defined terms' objections as well as Santaluz's relevance, compound, vague and ambiguous and 'protected by laws relating to confidentiality' objections. In opposition, Santaluz argues that this request is unduly burdensome and also raises the issues of a corporate right to privacy.

However, Santaluz failed to raise either of these objections in Santaluz's initial responses or supplemental responses. Even if properly raised, the court would overrule these objections because Santaluz fails to submit evidence to support a finding of undue burden and fails to establish grounds for the assertion of any corporate right to privacy. The court is not persuaded by Santaluz's argument that the information Plaintiffs seek can be found in documents produced by Cross-Defendants Atkins North America, Inc. and Glenn A. Rick Engineering, Inc. Plaintiffs are entitled to seek the same information from multiple sources.

The court sustains Santaluz's overbroad objection. The court finds this request overbroad as to time.

The court limits this request to the time period '1998 through 2004.' The court orders Santaluz to serve a Code-compliant response, and to produce all responsive documents, within 20 days of this ruling. To the extent Santaluz withholds any documents based on privilege, Santaluz must provide a privilege log at the time of production.

Calendar No.: Event ID:  TENTATIVE RULINGS

3075811  5 CASE NUMBER: CASE TITLE:  CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]  37-2015-00033538-CU-CD-CTL Request for Production Nos. 12, 37, 38, 41 and 47: DENIED 12 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all current and past officer(s) of SANTALUZ, LLC.

37 Please produce ALL DOCUMENTS in YOUR FILE(S) or records RELATED TO all loans and/or loan agreements to which SANTALUZ, LLC, was a party or third-party beneficiary at the time that SANTALUZ, LLC, was formed, established, created, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

38 Please produce ALL DOCUMENTS in YOUR FILE(S) or records RELATED TO all loans and/or loan agreements to which SANTALUZ, LLC, was a party or third-party beneficiary during the time that the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT were ongoing, from approximately 1998 to 2010.

41 Please produce ALL DOCUMENTS in YOUR FILE(S) or records RELATING TO the loan agreements pertaining to the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT to which SANTALUZ, LLC, was or is now a party or third-party beneficiary.

47 Please produce ALL DOCUMENTS in YOUR FILE(S) or records RELATING TO the financing of the RESERVOIR PROJECT and/or SANATALUZ DEVELOPMENT PROJECT.

The court finds Santaluz's responses sufficient. No further responses are required.

Request for Production Nos. 21, 22, 32, 39 and 40: DENIED 21 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the business-related activities of SANTALUZ, LLC, in connection with the SANTALUZ DEVELOPMENT PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

22 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the persons or entities with which SANTALUZ, LLC, conducted business or engaged in business-related activities during the time that SANT ALUZ, LLC, was an active limited liability company doing business in the State of California.

32 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the FINANCIAL RECORDS of SANTALUZ, LLC, in connection with the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

39 Please produce ALL DOCUMENTS m YOUR FILE(S) or records RELATED all financial agreements to which SANTALUZ, LLC, was a party or third-party beneficiary at the time that SANTALUZ, LLC, was formed, established, created, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

40 Please produce ALL DOCUMENTS in YOUR FILE(S) or records RELATED TO all financial agreements to which SANTALUZ, LLC, was a party or third-party beneficiary during the time that the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT were ongoing, from approximately 1998 to 2010.

The court sustains Santaluz's overbroad objections. The court finds these requests overbroad as to subject and as to time. No further responses are required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3075811  5 CASE NUMBER: CASE TITLE:  CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]  37-2015-00033538-CU-CD-CTL Request for Production Nos. 23 and 24: GRANTED IN PART 23 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the business-related activities conducted by TAYLOR MORRISON with or on behalf of SANTALUZ, LLC, in connection with the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

24 Please produce ALL DOCUMENTS contained in YOUR FILE(S) or records RELATED TO the business-related activities conducted by SANTALUZ, LLC, with or on behalf of TAYLOR MORRISON in connection with the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

The court finds the documents Plaintiffs seek relevant to Plaintiffs' claims in this case. The court overrules Santaluz's relevance, 'defined terms', vague and ambiguous and 'protected by the laws relating to confidentiality' objections. Santaluz's substantive responses to these requests are virtually identical. Santaluz raises objections and then responds: 'Responding Party has previously produced all of the documents it has identified related to the subject reservoir and produces no more documents responsive to this request.' For the reasons set forth above with respect to Request for Production Nos.

7, 8, 9, 11, 13, 19 and 20, the court finds Santaluz's responses fail to comply with the requirements of CCP § 2031.210(a).

The court sustains Santaluz's overbroad objections. The court finds these requests overbroad as to time. The court limits these requests to the time period '1998 through 2004.' The court orders Santaluz to serve Code-compliant responses, and to produce all responsive documents, within 20 days of this ruling. To the extent Santaluz withholds any documents based on privilege Santaluz shall provide a privilege log at the time of production.

Request for Production Nos. 25 and 34: GRANTED IN PART 25 Please produce ALL DOCUMENTS in YOUR FILE(S) or records IDENTIFYING the accountant or bookkeeper working for or on behalf of SANTALUZ, LLC, at the time that SANT ALUZ, LLC, was formed, established, created, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

34 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all bank accounts on which SANTALUZ, LLC, was a named account holder or to which SANT ALUZ, LLC, had access, rights of use, or permission to access or use for the duration of the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

The court finds the documents Plaintiffs seek relevant to Plaintiffs' claims in this case. The court overrules Santaluz's relevance, 'defined terms', vague and ambiguous and 'protected by the laws relating to confidentiality' objections. After raising objections, Santaluz's substantive response to these requests state: 'Responding Party produces documents in response to this Request.' For the reasons set forth above with respect to Request for Production Nos. 7, 8, 9, 11, 13, 19 and 20, the court finds Santaluz's responses fail to comply with the requirements of CCP § 2031.210(a).

The court sustains Santaluz's overbroad objection as to Request for Production No. 34. The court finds this request overbroad as to time. The court limits this request to the time period '1998 through 2004.' The court orders Santaluz to serve Code-compliant responses, and to produce all responsive documents, within 20 days of this ruling. To the extent Santaluz withholds any documents based on privilege Santaluz shall provide a privilege log at the time of production.

Calendar No.: Event ID:  TENTATIVE RULINGS

3075811  5 CASE NUMBER: CASE TITLE:  CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]  37-2015-00033538-CU-CD-CTL Request for Production Nos. 26, 27, 28, 29, 30, 31, 33, 35 and 36: GRANTED IN PART 26 Please produce ALL DOCUMENTS in YOUR FILE(S) or records IDENTIFYING the accountant or bookkeeper working for or on behalf of SANTALUZ, LLC, from approximately 1998 to 2010.

27 Please produce ALL DOCUMENTS in YOUR FILE(S) or records RELATING TO the accounting of SANTALUZ, LLC, at the time that it was formed, established, created, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

28 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the assets held by or belonging to SANTALUZ, LLC at the time that SANTALUZ, LLC was formed, created, established, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

29 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the assets held by or belonging to SANTALUZ, LLC, for the duration of the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

30 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the ownership shares held by SANTALUZ, LLC, at the time that SANTALUZ, LLC, was formed, established, created, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

31 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the ownership shares held by SANTALUZ, LLC, for the duration of the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT, from approximately 1998 to 2010.

33 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING all bank accounts on which SANTALUZ, LLC, was a named account holder or to which SANT ALUZ, LLC, had access, rights of use, or permission to access or use, at the time that SANTALUZ, LLC, was formed, established, created, organized, founded, or otherwise came into existence as a limited liability company in approximately 1998.

35 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the bank accounts actually accessed and/or used by SANTALUZ, LLC, at the time SANTALUZ, LLC, was formed, established, created, organized, or otherwise came into existence as a limited liability company in approximately 1998.

36 Please Produce ALL DOCUMENTS contained in YOUR FILE(S) or records IDENTIFYING the bank accounts actually accessed and/or used by SANTALUZ, LLC during the time that the RESERVOIR PROJECT and/or SANTALUZ DEVELOPMENT PROJECT were ongoing, from approximately 1998 to 2010.

The court finds the documents Plaintiffs seek relevant to Plaintiffs' claims in this case. The court overrules Santaluz's relevance, 'defined terms', vague and ambiguous, premature, compound, and 'protected by the laws relating to confidentiality' objections. In opposition, Santaluz argues that these requests are unduly burdensome and also raises the issue of a corporate right to privacy. However, Santaluz failed to raise either of these objections in Santaluz's initial response or supplemental response. Even if properly raised, the court would overrule these objections because Santaluz fails to submit evidence to support a finding of undue burden and fails to establish grounds for the assertion of any corporate right to privacy. Santaluz also argues that responsive documents are 'known to Plaintiff' and/or were previously produced. However, Santaluz does not state that all responsive documents were previously produced. Moreover, to the extent Santaluz is relying on previously produced documents, Santaluz must provide verified responses so stating.

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3075811  5 CASE NUMBER: CASE TITLE:  CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]  37-2015-00033538-CU-CD-CTL The court sustains Santaluz's overbroad objections as to Request for Production Nos. 26, 29, 31 and 36.

The court finds these requests overbroad as to time. The court limits these requests to the time period '1998 through 2004.' The court orders Santaluz to serve Code-compliant responses, and to produce all responsive documents, within 20 days of this ruling. To the extent Santaluz withholds any documents based on privilege Santaluz shall provide a privilege log at the time of production.

As to all requests, the court orders the parties to meet and confer and agree upon a protective order prior to production by Santaluz.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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