Judge: Michael Small, Case: 21STCV37502, Date: 2024-11-06 Tentative Ruling

Case Number: 21STCV37502    Hearing Date: November 6, 2024    Dept: 57

The Court is denying Zvi Sperling's motion to compel Naomi Sperling to produce documents that Naomi withheld as privileged.  The Court was persuaded by Naomi's arguments that the mediation and/or attorney-client privilege applies to the documents that Zvi is seeking to be produced.  Zvi's reply brief did not dent the defense of the assertion of the privileges that Naomi advanced in her opposition to Zvi's motion.

The Court is granting Zvi's ex parte application to specially set for hearing four discovery motions that Zvi has filed but  that would not be heard until well after the scheduled start date of the  trial in this case.  The Court will discuss with the parties a suitable date on which these motions can be heard.   The upshot of granting the ex parte is that it is possible that the Court will have to move the trial, and give Zvi what he asked for in that regard last month after all, for two reasons. First, the Court will set the motions for hearing on a date that will give the responding parties sufficient opportunity to oppose the motions and to give Zvi time to file reply briefs.  This means that the motions likely will have to be set  at least two weeks out from now, which is getting close to the final status conference and trial date.  Second, if the Court grants some or all of Zvi's motions, the responding parties will have to sit for depositions and/or produce documents, depending on which motions are granted.  Accomplishing all of that may not be possible prior to the trial date.