Notice Of Motion And Motion To Compel Nonparty Warner Realty Group, Llc To Produce Documents And Esi In Response To Deposition Subpoena For Production Of Business Records
Set for Law and Motion/Discovery Calendar on Friday, July 31, 2026, Line 3. 2 - Plaintiff Michelle Fuller's Motion To Compel Nonparty Warner Realty Group, LLC To Produce Documents And ESI In Response To Deposition Subpoena For Production Of Business Records is DENIED.
Plaintiff moves under Code of Civil Procedure section 2025.480(a). This subdivision reads, "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." "This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040." (C0de of Civil Procedure section 2025.480(b).) "Subdivision (c) of the same section reads, "Notice of this motion shall be given to all parties and to the deponent either orally at the examination, or by subsequent service in writing.
If the notice of the motion is given orally, the deposition officer shall direct the deponent to attend a session of the court at the time specified in the notice."
Plaintiff failed to provide a separate statement. (See Cal. Rules of Court, rule 3.1345.) Plaintiff's failure is not excused. The motion is largely unintelligible. The motion's intelligibility would likely have been improved had Plaintiff provided a separate statement, but she declined to do so. Plaintiff failed to demonstrate the discovery requests at issue are reasonably calculated to lead to the discovery of admissible evidence. (See Code of Civil Procedure section 2017.010.) Any marginal relevance is substantially outweighed by the burden imposed upon the third parties. Further, the record shows that the requests burden third party privacy interests and Plaintiff has not demonstrated her need or interest in the materials outweighs those privacy interests.
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