Holt v. Superior Court

Filed 1/27/09 Holt v. Superior Court CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

It is ordered that the opinion filed herein on January 8, 2009, be modified as follows:

After the end of the last paragraph on page 7 and before the Disposition, insert the following new paragraph:

We note that our opinion is merely descriptive of what we have found in our review of the record. We do not intend to issue new discovery orders or foreclose the parties from seeking additional relief or guidance from the trial court. Although the parties disagree with our interpretation of the record (as made clear at oral argument and in their briefs), we think the trial court wisely avoided ruling on whether plaintiffs production of documents (which had not yet occurred) complied with the Code of Civil Procedure. After all, the courts order arose out of a motion for sanctions by defendants based on plaintiffs alleged failure to provide acceptable written responses to defendants requests for production. Nothing in this opinion precludes the trial court from providing relief to defendants if it deems such relief to be appropriate after the production of the documents in dispute.

The petition for rehearing is DENIED.

There is no change in the judgment.

IKOLA, J.

WE CONCUR:

SILLS, P. J.

FYBEL, J.

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