Judge: Robert P. Dahlquist, Case: 37-2020-00039560-CU-BC-NC, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 07, 2023

09/08/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Motion to Quash (Civil) 37-2020-00039560-CU-BC-NC GORDON VS FREHLEY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Subpoena, 07/14/2023

Defendant Paul Daniel Frehley's motions to quash deposition subpoenas (ROA #'s 176, 179, 182, 183, and 184) are denied as set forth below.

The court will conduct an in camera review of the subpoenaed records to determine which records, if any, should be made available to the plaintiff.

The subpoenaed records should be produced to the deposition officers for copying immediately. The deposition officers shall then send the records directly to the court for in camera review. The deposition officers shall not release any records to plaintiff without further court order. The deposition officers may release a set of the records to defense counsel.

The court will conduct a further hearing on this matter on October 6, 2023 at 2:30 pm. The court anticipates receiving and reviewing the records in camera before that next hearing. The court requests that defense counsel do the following: (1) notify the subpoenaed parties of the content of this order; (2) review the records before the October 6, 2023 hearing, and release to plaintiff's counsel those records as to which defendant has no objection; and (2) appear (in person or remotely) at the October 6, 2023 hearing prepared to discuss any objections to any records that have been withheld from plaintiff's counsel.

The court reserves jurisdiction to make additional orders concerning these motions once the subpoenaed records are provided to the court for the in camera review.

The court urges the parties to confer in an attempt to stipulate to a protective order that would be available to potentially cover sensitive documents that may be produced during the course of this lawsuit. The court believes that it is reasonable to believe that at least some of the subpoenaed documents will be provided to plaintiff after the in camera review. A protective order may be appropriate to govern the use and disclosure of documents containing sensitive information.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, September 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 8, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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