SCC Acquisitions v. Super. Ct.
Annotate this CaseWestern Albuquerque Land Holdings, LLC was the judgment creditor of a $47 million judgment against SCC Acquisitions, Inc. As part of its efforts to enforce the judgment, Western propounded requests for production of documents, and later brought a motion to compel SCC to respond further to those requests. The trial court granted Western’s motion to compel as to requests Nos. 14, 21, 22, 23, and 37. SCC appealed the order granting Western’s motion to compel. Western then moved to dismiss the appeal on the ground the order granting its motion to compel was not an appealable postjudgment order under section Code of Civil Procedure 904.1, subdivision (a)(2). The Court of Appeal treated the appeal as a petition for writ of mandate and denied it. The trial court did not err by granting Western’s motion to compel. The Court concluded the trial court had authority under section Code of Civil Procedure 708.030 to compel SCC to produce documents in its possession or control regarding third parties, and the Court rejected SCC’s contentions that requests Nos. 14, 21, 22, 23, and 37 violated the privacy rights of third parties and that requests Nos. 21, 22, 23, and 37 were overbroad.
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