Case Number: BC518446    Hearing Date: September 16, 2014    Dept: 34

Moving Party: Plaintiff Yunuen Campos (“plaintiff”)

Resp. Party: None

Plaintiff’s unopposed motion to quash the subpoenas propounded by defendant Kennedy on The Wolf Firm and Recontrust Company is GRANTED.

PRELIMINARY COMMENTS:

The Court will simply update its Preliminary Comments from its decision issued on Sept. 8, 2014, one week ago.

This is the ninth time the parties have appeared before this Court on discovery motions within the past 9 months. (This does not count the defendants’ demurrer and plaintiff’s motion for leave to amend – both non-discovery law and motion matters.) In those eight previous appearances, the parties have called on the court to rule on over a dozen discovery motions; in addition, counsel has had at least four informal discovery conferences with the Court in chambers. It is hard for the Court to believe that this expenditure of the attorney’s time – not to mention the waste of the Court’s finite resources – is serving the interests of any of the parties.

ANALYSIS:

Plaintiff moves to quash subpoenas served by defendant Kennedy on The Wolf Firm and Recontrust Company.

The subject subpoenas were served on The Wolf Firm and Recontrust Company. (See Priolo Decl., Exhs. A, B.) The subpoenas seek the following:

DOCUMENTS RELATED TO ANY SCHEDULED TRUSTEE SALE OF 2313 VAN WICK STREET, INGLEWOOD, CA 90303; DOCUMENTS RELATED TO T.S. No. 14-0682-11; DOCUMENTS RELATED TO Loan No. 124284376 SECURED BY DEED OF TRUST ON 2313 VAN WICK STREET, INGLEWOOD, CA 90303; DOCUMENTS RELATED TO AUCTION.COM EVENT NO. Event Item #:E1660-587 CONCERNING 2313 VAN WICK
STREET, INGLEWOOD, CA 90303; ALL CORRESPONDENCE WITH YUNUEN CAMPOS, TRUSTOR; ALL NON-PRIVELEGED [sic] COMMUNICATION CONCERNING YUNUEN CAMPOS; ALL NON-PRIVELEGED [sic] COMMUNICATION CONCERNING 2313 VAN WICK STREET, INGLEWOOD, CA 90303

(See ibid.)

Plaintiff argues that the subpoenas seek to intrude on plaintiff’s right to privacy.
Because the motion is unopposed, defendant fails to meet his burden of establishing that the documents sought are directly relevant to this action. In the response to plaintiff’s counsel’s meet and confer letter, defense counsel argued that the documents are directly relevant to “plaintiff’s proclivity to make false statements for financial gain.” (Priolo Decl., Exh. D.) Though certain documents could be useful for such purpose, this is not sufficient to show that all of the records sought are directly relevant. Information as to false statements made by plaintiff or her financial troubles may be obtained through less intrusive means, such as deposition questioning or requests for production propounded on plaintiff. It is unclear why all of plaintiff’s loan documents and communications by and concerning plaintiff are necessary.

Plaintiff seeks sanctions against Kennedy and his counsel in the total amount of $6,050.00. Counsel basis this requests on an hourly rate of $550.00/hour and states that she has spent 5 hours preparing the motion and expects to spend another 6 hours reviewing the opposition, preparing a reply and attending the hearing. The Court finds the requested sanctions to be excessive. Virtually all of the motion was (or could have been) cut-and-pasted from previous discovery motions filed with this court. There was no opposition filed, and hence no reply brief was needed.

The Court awards sanctions of $1,100.00.

Plaintiff’s motion to quash the subpoenas propounded by defendant Kennedy on The Wolf Firm and Recontrust Company is GRANTED and sanctions are awarded against defendant and his attorney of record in the amount of $1,100.00.