Excerpt: ...D. A deposition subpoena that commands only production of business records for copying need not be accompanied by an affidavit or declaration showing good cause for the production of the records designated by it. CCP §2020.410(c) It appears that a third party may timely object to production, meaning on or before the production is due. Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4 th 123,128 A motion to compel production of business records...

Excerpt: ...y of Kern v. T.C.E.F., Inc. (2016) 246 Cal.App.4th 301, 315. In deciding whether to issue a preliminary injunction, the trial court weighs two interrelated factors: (1) the likelihood that the moving party will prevail on the merits at trial; and (2) the relative balance of interim harms that are likely to result from the granting or denial of preliminary injunctive relief. Ibid. Generally, weighing these factors lies within the broad discretion ...

Excerpt: ... however the Exhibit, Declaration of John O. Messereau is only considered for the purpose of determining whether defendant complied with the provisions of C.C.P.§ 430.1. The 1 st and 2 nd causes of action, Strict Liability and Negligence, are preempted pursuant to the provisions of Civ.Code § 896 (“The Right to Repair Act”). The 3 rd cause of action (Nuisance) is not preempted by the Act as same is premised on an alleged violation of statut...