Judge: Salvatore Sirna, Case: 21PSCV00121, Date: 2023-03-16 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.


Case Number: 21PSCV00121    Hearing Date: March 16, 2023    Dept: G

Plaintiff Elikin Mauricio Yepes’s Motion to Quash Defendant Erick Humberto Guzman’s Subpoenas for Production of Business Records from Wells Fargo and Citibank

Respondent: Defendant Erick Humberto Guzman

TENTATIVE RULING

Plaintiff Elikin Mauricio Yepes’s Motion to Quash Defendant Erick Humberto Guzman’s Subpoenas for Production of Business Records from Wells Fargo and Citibank is MOOT.

BACKGROUND

This is an action arising from a dispute over real property. Elikin Mauricio Yepes (Yepes), Merilynn A. Miller-Williams (Miller-Williams), and Erick Humberto Guzman (Guzman) own real property in West Covina as joint tenants. On February 16, 2021, Yepes filed a verified complaint against Miller-Williams, Guzman, and Does 1-10, alleging (1) partition and (2) accounting.

On November 10, 2021, Yepes filed a verified First Amended Complaint (FAC) against the same defendants alleging the following causes of action: (1) partition, (2) accounting, (3) breach of contract, (4) breach of fiduciary duty, (5) fraud, and (6) misappropriation. On January 26, 2022, the court sustained Guzman’s demurrer to Yepes’s FAC in part.

On February 23, 2022, Yepes filed a verified Second Amended Complaint (SAC) against the same defendants alleging the same causes of action. On May 5, the court sustained Guzman’s demurrer to Yepes’s SAC without leave to amend and sustained Miller-Williams’ demurrer to Yepes’s SAC with leave to amend.

On June 2, 2022, Yepes filed a verified Third Amended Complaint (TAC) against the same defendants, alleging the following causes of action: (1) partition, (2) accounting, (3) breach of fiduciary duty, and (4) misappropriation.

On July 6, 2022, Guzman filed a cross-complaint against Yepes and Roes 1-10, alleging the following causes of action: (1) quiet title, (2) constructive trust, (3) breach of contract, (4) fraud, and (5) declaratory relief.

On December 30, 2022, Yepes filed the present motion. A hearing on the motion is set for March 16, 2023. A final status conference is also set for August 4 and a non-jury trial is set for August 18.

ANALYSIS

Plaintiff Yepes moves to quash Guzman’s subpoena for production of business records from Wells Fargo and Citibank, as well as for monetary sanctions in the amount of $2,460. Following the court’s issuance of a tentative ruling to deny the motion and during a hearing on January 30, 2023, the court ordered to parties to meet and confer regarding how the subpoenas can be tailored and what plan the parties can agree on or disagree on.

Subsequently on March 3, parties filed a joint declaration in which parties agreed to tailor the subpoenas to (1) any and all payments received from and issued to Erick Humberto Guzman, Paola Guzman, and Merilynn A. Miller-Williams, (2) any and all payments received from and issued to Interactive Brokers, and (3) all cash deposits.

Accordingly, the court now finds Plaintiff Yepes’ motion to quash MOOT.