Judge: Stephen P. Pfahler, Case: 22STCV36939, Date: 2024-08-13 Tentative Ruling

Case Number: 22STCV36939    Hearing Date: August 13, 2024    Dept: 68

Dept. 68

Date: 8-13-24

Case #22STCV36939 (related to 23SMCV00485)

Trial Date: 1-21-25

DEPO SUBPOENA

MOVING PARTY:                Plaintiff, South Bay Steel Erectors

RESPONDING PARTY:       Defendant, Build Group Construction Company, Inc.

RELIEF REQUESTED

Motion to Compel Compliance with Deposition Subpoena for Production of Documents

SUMMARY OF ACTION

On November 22, 2022, South Bay Steel Erectors filed a complaint for Breach Of Contract, Foreclosure Of Mechanics Lien, Enforcement Of Mechanics Lien Release Bond. Enforcement Of Bonded Stop Payment Notice, and Enforcement Of Payment Bond. On March 17, 2023, Plaintiff filed a first amended complaint for Breach Of Contract, Common Counts (Quantum Meruit, Open Book, Account Stated), Foreclosure Under Claim Of Mechanics Lien, Enforcement Of Mechanics Lien Release Bond, Enforcement Of Bonded Stop Payment Notice, Enforcement Of Stop Payment Notice Release Bond, and Enforcement Of Payment Bond.

On February 2, 2023, Build Group Construction Company, Inc. filed a complaint against South Bay Steel Erectors for Breach of Contract, Express Contractual Indemnity, and Declaratory Relief.

On April 10, 2023, the cases were deemed related with 22STCV36939 deemed the lead case. The cases address a construction project located at 9001 Santa Monica Blvd., West Hollywood.

On May 8, 2023, Ocotillo LA 9001SMB, LLC answered the first amended complaint. On May 18, 2023, Build Group Construction Company, Inc. answered the first amended complaint. On November 8, 2023, Plaintiff dismissed Ocotillo LA 9001SMB, LLC, Pacific Western Bank, and Pacific Western National Bank.

On May 15, 2024, the court entered the stipulation of the parties for judicial reference.

RULING: Off-Calendar or Continued.

Request for Judicial Notice: Denied

The court cannot take judicial notice of filed documents and/or searches with the California Secretary of State. The items are not reflective of an actual official act of the Secretary of State. (Friends of Shingle Springs Interchange, Inc. v. County of El Dorado (2011) 200 Cal.App.4th 1470, 1483-1484.)

Plaintiff South Bay Steel Erectors moves to compel compliance with the Deposition Subpoena for Production of Documents Ocotillo LA 9001SMB, LLC (Ocotillo). Build Group Construction Company, Inc. opposes the motion on behalf of “non-party” Ocotillo. Plaintiff challenges the lack of any opposition from Ocotillo itself, and challenges the basis of standing by Build Group Construction Company.

On May 15, 2024, the court entered the stipulation for judicial reference. An Order Appointing Referee under Code of Civil Procedure section 638 was submitted on July 31, 2024. The subject motion was filed prior the stipulation on April 26, 2024, but it remains unclear whether the order for judicial reference also includes any and all discovery matters, even for third parties (former, now dismissed parties).

The court therefore declines to address the motion unless and until the parties clarify the scope of the judicial reference. If the parties agree that all discovery proceeds before the referee, then the court will take the matter off-calendar. If the referral as to the subcontract somehow limits the referral to items completely unrelated to the subject discovery, and the parties require court intervention on discovery, the court will continue the hearing to Friday August 23, 2024, for a hearing on the merits.

Plaintiff to give notice.