Motion to Compel

Cal. Super. - 2nd Dist.December 4, 2015

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION June 09, 2017 06/14/2017 08:20:00 AM DEPT.: 40 COUNTY OF VENTURA JUDICIAL OFFICER: Mark Borrell CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Breach of Contract/Warranty 56-2015-00475234-CU-BC-VTA TRADITION LLC VS. BORISON Motion to Compel - to request Production for Jason Gaines by deft M borison CAUSAL DOCUMENT/DATE FILED: Motion to Compel, 05/22/2017 stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling. The court's tentative ruling will have no legal effect unless adopted by the court. This matter comes before the court on four motions filed by defendant and cross-complainant, Mark Borison. The motion to continue the trial date is moot. On May 23, 2017, the court granted an ex parte application on Borison's request to continue the trial and granted the motion to continue. The motion to continue the trial, therefore, is ordered off calendar. Borison moves for an order "for inspection and production of the accounting and books and records" of plaintiff. He cites "common law, principles of equity," provisions of the Corporations Code, and Code of Civil Procedure sections 2031.030 and 2031.210. He cannot rely upon the later sections, because he has not made a demand for production under those sections. As for the other authority, "civil discovery cannot be expanded beyond the statutory limits." (Haniff v. Superior Court (2017) 9 Cal.App.5th 191, 199.) Therefore, Borison's attempt to craft a new form of discovery is unavailing. The motions and requests for sanctions are denied. Borison also moves in separate motions for orders compelling Tradition and Jason Gaines to comply with demands for inspection. However, both motions suffer from the same defect: they are unsigned. Consequently, the motions do not comply with Code of Civil Procedure section 128.7. The court will either deny the motions without prejudice or continue the hearing on the motions and permit counsel to file an errata. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Denise Cervantes, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. TENTATIVE RULINGS Page: 1