Ocean Walk at North Campus Owners Association et al vs Stronghold Engineering Incorporated et al

Case Number

23CV03247

Case Type

Hearing Date / Time

Fri, 12/05/2025 - 10:00

Nature of Proceedings

Motion to Quash

Tentative Ruling

On July 31, 2025, plaintiff Ocean Walk at North Campus Owners Association (the Association) filed a motion for an order quashing three deposition subpoenas for the production of business records issued by defendant Stronghold Engineering Incorporated (Stronghold) separately to Compass Management Group/Rowcal (Compass), Trimble Management, LLC (Trimble), and The Management Trust (TMT) (collectively, the Management Companies), and requiring Stronghold to pay expenses incurred by the Association to bring the motion.  

In the motion, the Association asserts that Compass, who is not a party to this action, currently serves as the Association’s management company, and that Trimble and TMT, who also are not parties to this action, have each served in the same role previously. (Memorandum at p. 7, ll. 15-16.) The Association contends, among other things, that the deposition subpoenas are overbroad and seek irrelevant, confidential, or privileged records; that the documents requested by Stronghold have been produced by the Association or are available through other means; and that Stronghold is attempting to circumvent the discovery stay without following the procedures outlined in the case management order (the CMO) entered in this action on October 2, 2024.   

The CMO expressly provides that “[a]ll matters of any kind pertaining to discovery shall be noticed to be heard before” Gerald A. Kurland, who has been appointed to serve as Special Master in this proceeding. (CMO at pp. 2, 19 & ¶ 5.) As the present dispute is solely between parties to this action, which the court has ordered to be heard before the Special Master, the court will order the present motion off-calendar, and the dispute be noticed for hearing before the Special Master. The court further notes that the Special Master only reports their findings and makes an advisory, nonbinding recommendation for the court’s independent consideration. (See Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 588-589.) Any other dispute that may arise is not appropriately before the court, and the court will not determine those disputes at this time.