TENTATIVE RULING

Defendant Victor Lossi’s Motion to Quash Subpoena/Subpoena Duces Tecum of Google Documents is DENIED.

Plaintiff Wilshire Quinn Income Fund Reit, LLC’s Request for Monetary Sanctions is GRANTED in the reduced amount of $600, payable by Defendant Victor Lossi and defense counsel to Plaintiff Wilshire Quinn Income Fund Reit, LLC and Plaintiff’s counsel within thirty (30) days of entry of this order.

Defendant Victor Lossi to give notice. 

REASONING

Defendant Victor Lossi (“Lossi”) moves the Court for an order quashing a subpoena issued by Plaintiff Wilshire Quinn Income Fund Reit, LLC (“Plaintiff”) to Google seeking documents and records of Defendant’s personal email and account with Google. Defendant states in the motion that he and his counsel had not been served with the subpoena and are only aware of it because of an email from Google referencing the subpoena. Reference to the email makes clear that the subpoena was issued as to a different case, Los Angeles Superior Court Case No. 22STCV41098 (Beck v. Wilshire Quinn Income Fund Reit). (Mot., Lossi Decl. ¶ 6, Ex. 1.) The cases are not related or consolidated. Defendant provides no evidence of a subpoena having been issued to Google as to the present action. The Court will not issue a ruling in this action as to the merits of any subpoena issued as to a different action. For this reason, Defendant Victor Lossi’s Motion to Quash Subpoena/Subpoena Duces Tecum of Google Documents is DENIED.

Code of Civil Procedure section 2023.030, subdivision (a), provides that “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct . . . unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” The Court finds that monetary sanctions are warranted here given that Defendant and defense counsel should have exercised diligence in filing this motion in the correct action, but the Court reduces the monetary sanctions award to discount any discussion in the opposition as to the merits of the motion, as this was not necessary work performed by counsel. Accordingly, Plaintiff Wilshire Quinn Income Fund Reit, LLC’s Request for Monetary Sanctions is GRANTED in the reduced amount of $600, which represents one half-hour spent drafting an opposition to the motion and one half-hour spent appearing at the hearing on this motion at the rate of $600, payable by Defendant Victor Lossi and defense counsel to Plaintiff Wilshire Quinn Income Fund Reit, LLC and Plaintiff’s counsel within thirty (30) days of entry of this order.