Judge: Richard Y. Lee, Case: 30-2021-01229908, Date: 2022-08-11 Tentative Ruling

Plaintiff/Cross-Defendant Sean Clark moves to compel third-party Optima Asset Management Service, Inc. (“Optima”) to produce the documents requested in the deposition subpoena for production of business records pursuant to Code of Civil Procedure section 2025.480(a).  The motion is GRANTED.

Code of Civil Procedure section 2025.480(a) states:  “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.”  (Code Civ. Proc., § 2025.480, subd. (a).)

Here, the requests at issue seek documents relating to the leases for (1) Premier Fitness, (2) Newport Crest Medical, (3) Diversified Ambulatory Surgical Medical Center, Inc., (4) Universal Integrated Health Medical Group, Inc., and (5) Sean Clark, D.C. any time between January 2014 and December 20, 2021.  (ROA # 62, Kirk Decl., ¶ 3, Ex. A.)  The Court finds these records relevant to the resolution of the case as they relate to the obligations and expenditures of the business entities related to the apparent partnership between Plaintiff/Cross-Defendant Sean Clark and Defendant/Cross-Complainant Kamer Migirdichian.

As such, the motion is GRANTED.  Optima Asset Management Service, Inc. shall provide responses to the requests within 30 days of the notice of ruling.

Plaintiff/Cross-Defendant Sean Clark’s request for sanctions pursuant to Code of Civil Procedure sections 2025.480(j) and 2023.010(d) is GRANTED in the amount of $2,500, which is due within 30 days of the notice of ruling.

Moving party to provide notice.