Judge: Mark H. Epstein, Case: 24SMCV02713, Date: 2024-08-13 Tentative Ruling

Case Number: 24SMCV02713    Hearing Date: August 13, 2024    Dept: I

The court will inquire.  Defense counsel’s email states that counsel is looking into the matter.  The court expects that if the record request is to the DBA of defendant, the documents will be forthcoming forthwith.  However, the court is not sure that it can enforce the CFR requirements on an ex parte basis on this showing.  The court needs evidence that the records are sought of defendant’s DBA and not a third party.  Further, the court will give defendant some time to respond.  Right now, while plaintiff claims a right to statutory preference, there is no evidence to that effect.

What the court is inclined to do is to CONTINUE this matter to later in the week and hope that between now and then the parties can work it out.  If in fact the records are being sought from a DBA of the defense, they should be turned over assuming that the requirements of the CFR have been met.