Judge: William A. Crowfoot, Case: 21STCV12469, Date: 2022-10-24 Tentative Ruling

Case Number: 21STCV12469    Hearing Date: October 24, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DAVID BARRERA MONTES,

                   Plaintiff(s),

          vs.

 

GARY LYNN BAKER,

 

                   Defendant(s).

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      CASE NO.: 21STCV12469

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, NO. 51

 

Dept. 27

1:30 p.m.

October 24, 2022

 

Plaintiff moves for an order compelling Defendant to serve a further response to Request for Production of Document No. 51, which demands: “All DOCUMENTS, including, but not limited to, downloads and screenshots, in YOUR possession related to PLAINTIFF’S SOCIAL MEDIA account(s).” 

Plaintiff likens Defendant’s possession of these screenshots to digital sub rosa and argues good cause exists for its production to avoid trial by ambush.   is not protected as attorney work product and cites to Suezaki v. Superior Court (1962) 58 Cal.2d 166.  Following the principle articulated by the Suezaki court, and examining whether, “under all the circumstances, discovery would or would not be fair and equitable”, the Court concludes that the principles of fairness and equity do not compel the production of Defendant’s screenshots of Plaintiff’s social media accounts.  Plaintiff argues that some of his social media posts may have been removed without his knowledge by a third-party, or that third parties can “edit” posts by adding or deleting comments.  However, there is no evidence that this has happened.  Plaintiff has direct access to his own social media pages and can review them with his attorneys.  Requiring production of the screenshots, when defense counsel has already offered to stipulate that they would not be used at trial, would be unfair.  

Plaintiff’s motion is DENIED.  Plaintiff’s request for sanctions is also DENIED.  

 

 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.