Judge: Peter Wilson, Case: 30-2020-01149973, Date: 2023-05-11 Tentative Ruling

Plaintiff and Cross-Defendant Kirk Zacharda seeks to compel responses to Request for Production of Documents No. 3 (RPD No. 3) in its deposition notice to Defendant and Cross-Complainant Orange County Youth Sports Association for its Person Most Qualified.

RPD No. 3 seeks the disclosure of all Independent Contractor Agreements between Defendant and any person from July 1, 2016 to the present. ROA 214, Kidd Decl., ¶8 and Ex. G.

Among other objections, Defendant objected based on third party privacy and confidential commercial and trade secret information, and refused to provide this information. ROA 214, Kidd Decl., ¶9 and Ex. H [also attached as ROA 248, Jenkins Decl., ¶4 and Ex. 3]. As is apparent from Defendant's Opposition, however, the only objection maintained by Defendant in this motion is the objection that the Agreements should not be produced without their first being compliance with a Belaire-West notice procedure.

Based on Plaintiff’s representations in the Reply, Defendant’s objection based on third party privacy has been resolved since Plaintiff will agree to the parties utilizing a Belaire-West notice procedure. ROA 250, Reply, p. 3.

Although this appears to resolve the motion to compel, Plaintiff contends that a ruling is required because Defendant has not withdrawn its other objections, including its objection based on confidential commercial and trade secret information. While Defendant notes its other objections in its Opposition, it concludes as follows: “Defendant OCYSA is substantially justified in opposing Plaintiff s Motion to Compel for the reason that it has never refused the requested discovery, merely insisted that in order to protect 3'd party privacy rights, well-settled process in the form of a Belaire-West notice be followed.” Opp., 6:15-18. The Court further notes that there is already a Stipulated Protective Order in this case, entered on May 12, 2022.

Accordingly, the Court grants the motion seeking disclosure of all Independent Contractor Agreements between Defendant and any person from July 1, 2016 to the present, but further Orders that a Belaire-West notice procedure be utilized first, before the production of any such Agreements.

Under the circumstances presented here, the Court does not award sanctions to either party.

Plaintiff is ordered to give notice.