Case Name: Victoria Booke v. Park General, Inc., et al.
Case No.: 2015-1-CV-287039

As alleged in Plaintiff’s First Amended Complaint, this case is at its essence a breach of contract case brought by Defendants’ former attorney, to collect payment for legal services rendered and not paid. Plaintiff also alleges a cause of action for fraud (fraudulent inducement) and prays for punitive damages.

Before the Court is Plaintiff’s motion to compel further responses to Requests for Production of Documents, directed to both Defendants. Plaintiff’s counsel reports in a supplemental declaration, ordered by the Court, that the disputes concerning Requests 1 – 7 to both Defendants have been resolved. The remaining disputed requests are submitted to the Court for decision.

The Court has reviewed and considered the disputed requests, objections and responses, in light of the subject matter of this action as framed by the pleadings. The Court’s ruling on the pending discovery is set forth below.

Requests for Production to Defendant Zaghi

Plaintiff’s motion to compel is GRANTED as to Requests 8, 9 and 15.
Plaintiff’s motion to compel is DENIED as to Requests 10, 11, 12, 13, 14, 16, 17, 18, 19, 20 and 21.

Requests for Production to Defendant Park General

Plaintiff’s motion to compel is GRANTED as to Request 18.
Plaintiff’s motion to compel is DENIED as to Requests 10, 12 – 17, and 21 – 23.

As to the Requests to each Defendant to which further responses are ordered, Defendants shall provide verified, complete responses, in full compliance with Code of Civil Procedure sections 2031.210, 2031.220 and 2031.230. No further objections shall be made. Each Defendant’s verified further responses, and all responsive documents, shall be served on Plaintiff’s counsel on or before September 9, 2016.

The Court has denied the Requests noted above, without prejudice, as premature at this time. The detail sought regarding financial information may be relevant and discoverable, upon a sufficient showing under Civil Code section 3295. Defendants are ordered to retain and not to dispose of any financial information or documents which may be relevant and discoverable under section 3295, whether or not specifically requested in the pending Requests for Production.

As the motion to compel is granted in part and denied in part, the Court declines to award monetary sanctions.

Mediation Status Review remains set on 09/29/16 at 10:30 a.m., as set by the Court at the Case Management Conference on 05/17/16.