Judge: Nathan R. Scott, Case: American Building Innovations v. Balfour Beatty Construction, Date: 2022-08-26 Tentative Ruling

Defendant Balfour Beattty Construction LLC’s motion to compel is granted.  (See Code Civ. Proc. § 2025.480.)

Deponent JP Morgan Chase Bank N.A. shall produce documents responsive to the 3/22/22 subpoena within 10 days.

The motion is timely.  The record of deposition was complete on 4/18/22, when the date for production passed without response from Chase.  (Code Civ. Proc., § 2025.480, subd. (b); Bennett decl. ¶¶ 11, 13.) 

Under the “one-step process for a nonparty responding to a business records subpoena . . . .  The nonparty's compliance with the subpoena is clear on the date specified for production.  It has either produced documents as requested in the subpoena, or not.  On that date, the subpoenaing party has all of the information it needs to meet and confer regarding the nonparty's compliance and, if unsatisfied, prepare a motion to compel.”  (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1033.) 

Plaintiff American Building Innovation LP and nonparty APM Holding LLC have failed to substantiate their objections.  The requested documents are relevant, the subpoena is not overbroad, and plaintiff’s legitimate litigation needs outweigh any intrusion into any possible privacy right of APM.  (Williams v. Superior Court (2017) 3 Cal.5th 531, 552

In any event, nonparty APM has been suspended.  (Pl. RFJN Exs. 2-3.)  It “is disqualified from exercising any right, power or privilege.”  (Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1365.)  It may not seek even “minimal” “judicial intervention.”  (Id. at p. 1367.)      

Plaintiff’s request for judicial notice is granted.

Sanctions were not sought; none are imposed.

Defendant shall give notice.