Judge: Richard S. Whitney, Case: 37-2021-00050279-CU-BC-CTL, Date: 2023-08-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 27, 2023

07/28/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2021-00050279-CU-BC-CTL FOR PURPOSE LAW GROUP VS TOVELLA DOWLING PC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS TOVELLA DOWLING, PC, MARY TOVELLA DOWLING, AND DANA NASSIRI PARK'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM FOR PURPOSE LAW GROUP'S PMQ DEPOSITION is GRANTED.

Defendants TOVELLA DOWLING, PC, MARY TOVELLA DOWLING, and DANA NASSIRI PARK ('Defendants') seek to compel Plaintiffs FOR PURPOSE LAW GROUP ('FPLG') and May Harris's (collectively 'Plaintiffs') responses to request number 11 in a deposition notice for the deposition of FPLG's person most qualified ('PMQ'). The request seeks 'YOUR feed on YOUR Clio manage account from September 17, 2021 through October 17, 2021.' After meet and confer efforts, Defendants agreed to narrow the request to documents that relate to those who are current clients of TOVELLA DOWLING, PC.

Plaintiffs oppose the motion asserting the notice was defective, the separate statement is defective, that Defendants did not demonstrate good cause, and the information is confidential and privileged. The Court finds the purported defect in the notice is trivial as Plaintiffs no doubt understood that the person to produce the documents was whomever FPLG designated as to the PMQ, which was May Harris. The Court also declines to deny the motion based on the purported defects in the separate statement, especially given the fact this Court permits concise outlines in lieu of a separate statement without requesting leave of this Court. The Court and Plaintiffs understand the issues. The main concern is whether the motion is valid based the merits.

The Court finds Defendants have demonstrated good cause. The information sought is pertinent to the assertions that time entries have been altered. The assertions of confidentiality and privilege are without merit as the request is limited to clients of TOVELLA DOWLING, PC. Further, the parties have entered into a stipulated protective order that should assuage Plaintiffs' concerns. The motion is granted. No sanctions are awarded.

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