Judge Olivia Rosales, Case 20NWCV00181 2022-12-08 Tentative Ruling

Judge: Olivia Rosales, Case: 20NWCV00181, Date: 2022-12-08 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 20NWCV00181 Hearing Date: December 8, 2022 Dept: SEC

NORWICH v. REDIGER INVESTMENT MORTGAGE FUND

CASE NO.: 20NWCV00181

HEARING: 12/08/22

TENTATIVE RULING

Defendant/Cross-Complainant REDIGER INVESTMENT MORTGAGE FUND’s unopposed Motion to Compel Compliance with Deposition Subpoena for Production of Business Records to Non-Party LOS ANGELES COUNTY SHERIFF’S DEPARTMENT – INDUSTRY STATION is GRANTED.

Moving Party to give notice.

No Opposition filed as of December 6, 2022.

LOS ANGELES COUNTY SHERIFF’S DEPARTMENT – INDUSTRY STATION is ORDERED to comply with Defendants’ Deposition Subpoena for the Production of Business Records and produce unredacted documents by no later than 15 days from the date of the Court’s issuance of this Order. The date may be extended by agreement of the parties.

“If a subpoena requires the attendance of a witness…, the court, upon motion reasonably made by any person described in subdivision (b)…may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (CCP §1987.1(a).) “Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.” (CCP §1991.)

This action for quiet title was filed on March 6, 2020.

Defendant REDIGER INVESTMENT MORTGAGE FUND (“Rediger”) issued a Deposition Subpoena to non-party Los Angeles County Sheriff’s Department – Industry Station on or about July 1, 2022 after serving a Notice to Consumer upon Plaintiff NORWICH on or about June 22, 2022. In sum, the Subpoena essentially seeks documents concerning any and all incidents that occurred at the Subject Property from 2015 to the present. No objection was made by Plaintiff or the Sheriff to the Subpoena. On or about July 21, 2022, the Sheriff’s Department produced redacted documents because Rediger had not provided consumer notice to all of the victims listed in the documents (with the exception of Norwich).

Rediger is unable to provide consumer notice to all of the victims listed in the documents because their names are redacted in the documents produced by the Sheriff’s Department.

In response to Rediger’s meet and confer effort’s, the Sheriff’s Department apparently indicated that it would only produce unredacted copies of the responsive documents pursuant to Court Order.

The unopposed Motion is GRANTED. The Sheriff’s Department is ORDERED to comply with the Subpoena and produce unredacted records.

The Court is cognizant of the third-party privacy implications at play. On its own Motion, the Court ISSUES A PROTECTIVE ORDER to govern the disclosure of implicated documents produced or that are to be produced throughout the course of discovery. (CCP §2031.060(b).) It is ORDERED that documents produced by the Los Angeles County Sheriff’s Department – Industry Station, which contain the names of non-parties, are “Protected Documents.” The Protected Documents and the information contained therein shall be treated by all parties as confidential. Except upon further order of this Court, the Protected Documents or information contained therein may be shown, disseminated, or disclosed only to: the parties of this litigation and/or their counsel of record in this case; or employees of counsel or of associated counsel who assist in the preparation of this case; or experts and consultants retained by the parties to this litigation.