Judge: Nathan R. Scott, Case: Alvarez v. Abi-Najm, Date: 2022-07-29 Tentative Ruling

Cross-complainant Johnny Tannous Abi-Najm’s motion to compel is granted.

 

Cross-defendant Sixto Sanchez shall provide a complete, code compliant, verified further response without objection to Request for Production #37 within 10 days.

 

Cross-defendant Sanchez shall produce the notary journal for inspection and copying on 8/12/22 at 10 am at La Jolla Law Group, 9404 Genesee Avenue, Suite 300, San Diego, California 92037.  Cross-defendant Sanchez may remain physically present for the inspection and copying.  (See Gov. Code, § 8206, subds. (d), (e).)

 

The parties may change the date, time, or location of production in writing.

 

Cross-defendant Sanchez has not substantiated his objections, including the privacy objection.  “[A]ny member of the public” may request a copy of a notary journal transaction.  (Gov. Code, § 8206, subd. (c).)  In any event, cross-complainant Abi-Najm’s legitimate, important litigation need for the journal outweighs any legally protected privacy interest and objectively reasonable expectation of privacy.  (Williams v. Superior Court (2017) 3 Cal.5th 531, 552.)

 

The court declines to consider cross-defendant Sanchez’s unauthorized 7/25/22 sur-reply.

 

Cross-complainant’s request for judicial notice is granted.

 

Cross-complainant shall give notice.