Motion: Defendants’ Motion to Compel Responses to Demand for
Production, Set One
Tentative Ruling:
To deny the motion to compel. To strike the Demand for Production of
Documents, Set One.
Explanation:
Defendants filed their motion for bond pursuant to Corporations Code section 800, subdivision (c) on May 6, 2016. The Demand for Production of Documents, Set One at issue in this motion was served by mail on May 9, 2016. (Stokes Decl. ¶ 3; Ex. A.) The instant motion was filed June 24, 2016. The Motion for Bond was ruled on by this court on August 18, 2016.
Corporations Code section 800, subdivision (f) states, in relevant part: “[i]f a motion is filed pursuant to subdivision (c) … the prosecution of the action shall be stayed until 10 days after the motion has been disposed of.” It is well established that this stay encompasses discovery. (Melancon v. Superior Court In and For Los Angeles County (1954) 42 Cal.2d 698, 707; Barber v. Lewis & Kaufman, Inc. (1954) 125 Cal.App.2d 95, 98-99.) A