CHRIS YAU VS. KWOK-CHU DENNIS FONG ET AL

Matter on calendar for Friday, September 04, 2026, Line 3, DEFENDANT KWOK-CHU FONG's Motion For Protective Order.

Defendant Kwok-Chu Fung's Motion for a Protective Order is GRANTED IN PART AND DENIED IN PART.

Moving Defendant moves under Code of Civil Procedure section 2017.020. Subdivision (a) of that section provides, "The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person."

Moving Defendant moves, as well, under Code of Civil Procedure section 2025.420. Subdivision (b) authorizes as to third party subpoenas, upon a showing of good cause. "any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." A protective order may include, but is not limited to, the following relief: (1) "That the deposition not be taken at all"; and (2) "That the deposition be taken only on certain specified terms and conditions."

Here, Moving Defendant has demonstrated that at this time the burden, expense, or intrusiveness of discovery from him, including his deposition, clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Further, Moving Defendant has demonstrated good cause exists to the third-party depositions, including the document productions, not take place at this time.

The court stays discovery in this action until October 23, 2026, or until further order of the court, whichever occurs first. All pending discovery requests are quashed without prejudice to renewal upon the termination or lifting of the stay. Good cause appearing and given the history of this case and Chuo v. Minghong Investment Inc., Los Angeles Superior Court Case No. 22STCV08770, this protective order issues to allow the court the opportunity to consider Moving Defendant's filed demurrer and anticipated motion to change venue prior to substantial discovery in this action in this court. To the extent Moving Defendant seeks additional or different relief, the motion is denied.

Moving Defendant is ordered to prepare a proposed order which repeats verbatim the above text and email it to contestdept302tr@sftc.org prior to the time set for hearing.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ). | |