Opinion
CASE NO. 1:10-CV-01131-OWW-SMS
08-26-2011
GENEVA LEMA, Plaintiff, v. COURTYARD MARRIOTT MERCED; COURTYARD MERCED INC.; KASTURI LAL; EDWIN K. ANTHONY; MAX'S PARTNERSHIP, LLC; and MAX'S PARTNERSHIP; and DOES 1 THROUGH 50, Inclusive, Defendants.
TIMOTHY S. THIMESCH THIMESCH LAW OFFICE Attorneys for Plaintiff NEVA LEMA J.M. IRIGOYEN, ESQ. Attorneys for Defendants COURTYARD MARRIOTT MERCED; COURTYARD MERCED INC.; KASTURI LAL; EDWIN K. ANTHONY; MAX'S PARTNERSHIP, LLC; and MAX'S PARTNERSHIP
Thimesch Law Offices
TIMOTHY S. THIMESCH, Esq. (No. 148213)
Attorneys for Plaintiff NEVA LEMA
J.M. IRIGOYEN, Esq., No. 177626
Attorneys for Defendants COURTYARD MARRIOTT MERCED; COURTYARDMERCED INC.; KASTURI LAL; EDWIN K. ANTHONY; MAX'S PARTNERSHIP,
LLC; and MAX'S PARTNERSHIP P
Civil Rights
STIPULATION AND ORDER RE BLUEPRINTS
TO THE COURT:
WHEREAS the construction history of the hotel building located at 750 Motel Drive, Merced, California, (hereafter "Subject Building") is at issue in this case;
WHEREAS, the Custodian Of Records Of The City Of Merced Building and Planning Department (AKA The "City of Merced Building and Inspection Service"; hereafter referred to as "Building Department") is in possession of certain blueprints, schematics and drawings related to the design and construction of the subject building that are potentially relevant to the construction history and liability issues in this case, or will lead to the discovery of admissible evidence on such issues,
WHEREAS the Parties desire to obtain certified copies from the Building Department of these documents for discovery and evidentiary purposes,
WHEREAS Plaintiff has served a subpoena on the Building Department at Exhibit 1,
WHEREAS building departments in California (including the City of Merced Building Department) typically assert that blueprints, schematics and drawings are allegedly "privileged" material, and that the Building Department is constrained by Health & Safety Code Section 19851 from producing copies of such documents, even when served with a federal subpoena, i.e., unless, inter alia, they are ordered by the Court to do so,
AND WHEREAS the City of Merced Building Department has asserted such objection in other cases (please see Objection at Exhibit 2) ,
California Health and Safety Code Section 19851 provides that the official copy of building plans maintained by the building department of a city "may not be duplicated in whole or in part except (1) with the written permission, which permission shall not be unreasonably withheld as specified in subdivision (f), of the certified, licensed or registered professional or his or her successor, if any, who signed the original documents and the written permission of the original or current owner of the building, or, if the building is part of a common interest development, with the written permission of the board of directors or governing body of the association established to manage the common interest development, or (2) by order of a proper court or upon the request of any state agency." (Emphasis added.)
WHEREFORE, The Parties Hereby request that the Court order the Building Department to produce all blueprints, schematics and drawings and any other allegedly privileged material requested by Plaintiff in the Subpoena at Exhibit 1.
SO STIPULATED.
TIMOTHY S. THIMESCH
THIMESCH LAW OFFICE
Attorneys for Plaintiff
NEVA LEMA
J.M. IRIGOYEN, ESQ.
Attorneys for Defendants
COURTYARD MARRIOTT MERCED;
COURTYARD MERCED INC.; KASTURI
LAL; EDWIN K. ANTHONY; MAX'S
PARTNERSHIP, LLC; and MAX'S
PARTNERSHIP
ORDER
IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE