Judge: Mark H. Epstein, Case: 22SMCV01562, Date: 2023-04-06 Tentative Ruling

Case Number: 22SMCV01562    Hearing Date: April 6, 2023    Dept: R

Generally, the court agrees with plaintiff.  Occupants, as defined, is not so overbroad that the objection to it is proper, especially in that romantic partners are excepted.  It means anyone who stayed at the apartment overnight when defendant was not present.  While that is a net that is undoubtedly large enough to catch close friends or relatives who might well not be subtenants, the point is that plaintiff will not and cannot know unless the broader question is asked.  And if at least part of plaintiff’s case may well be that these occupants (as defined) were in the unit 300 days out of 365 each year, which as a matter of sheer numbers makes defendant’s case more difficult.  The point is that while defendant has a privacy interest, that privacy interest is easily outweighed by plaintiff’s need to be able to pursue an action to enforce the lease.  And the information about the occupants is not so invasive as to be protectable in this context.  Simply put, the landlord has a right to find out if the lease is being breached or not in the context of this litigation.  Along these lines, the court has considered the balancing test set forth in Hill and its progeny and finds that the balance tilts sharply in plaintiff’s favor.

For these purposes, the court will interpret “sublet” as referring to the arrangement by which someone stays at the apartment under color of right given by defendant in return for some kind of consideration.  That is a reasonable and legally cognizable meaning of the word.  Sublet would not include someone who stays at the apartment without providing any form of consideration.  (Note that consideration need not be financial, but it must be something.)  This is how the court views the term for discovery purposes; whether that will hold at trial is not before the court today.

At bottom, the court is inclined to GRANT the motion.  Defendant has 10 days to provide supplemental responses to the document requests as well as the documents and supplemental responses to interrogatories.  All objections other than attorney/client privilege or attorney work product are overruled.  Responses will be verified. 

As to the motion to be relieved as counsel, it is GRANTED.  Counsel will be relieved upon the filing of a proof of service of the order.  Counsel should emphasize to the defense that trial is coming and that the court is unlikely to continue the trial while defendant finds new counsel or new counsel gets up to speed.