Case Number: BC539941    Hearing Date: August 11, 2014    Dept: 32

CASE NAME: James L. Burden v. Commerce Casino
CASE NO.: BC539941
HEARING DATE: 08/11/14
DEPARTMENT: 32
CALENDAR NO.: 8
SUBJECT: Verified Petition of Plaintiff in Pro Per for Order Permitting Pre-commencement Discovery
MOVING PARTY: Plaintiff James L. Burden, in pro per
RESP. PARTY: None

COURT’S TENTATIVE RULING

Verified Petition of Plaintiff in Pro Per for Order Permitting Pre-Commencement Discovery MOOT.

STATEMENT OF THE CASE

According to the complaint, Plaintiff, a retired senior, was playing a game called Pan-9 at Commerce Casino on March 4, 2014 when a man started an altercation with Plaintiff regarding a seat the man had been sitting in. Although Plaintiff was trying to defend himself, Commerce Casino’s security personnel barred Plaintiff from the casino without proper investigation. Defendant made defamatory statements about Plaintiff in connection with this incident.

CAUSES OF ACTION

Complaint (3/24/14)

(1) defamation

Summary of Motion Papers

• In the motion, Plaintiff requests leave to conduct discovery prior to commencement of an action pursuant to CCP § 2035.010.
• No opposition has been received.

ANALYSIS

Petition for Pre-Commencement Discovery

“One who expects to be a party or expects a successor in interest to be a party to any action that may be cognizable in any court of the State of California, whether as a plaintiff, or as a defendant, or in any other capacity, may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for the purpose of perpetuating that person’s own testimony or that of another natural person or organization, or of preserving evidence for use in the event an action is subsequently filed.” (CCP § 2030.010(a).)

In the petition, Plaintiff requests leave to conduct discovery prior to commencement of an action pursuant to CCP § 2035.010. By filing his complaint on March 24, 2014, Plaintiff has already commenced his action. Therefore, CCP § 2035.010 does not apply in this context and the petition is MOOT.