Lema v. Courtyard Marriott Merced et al

Filing 36

STIPULATION and ORDER re: Blueprints, signed by Senior Judge Oliver W. Wanger on 8/26/2011. (Kusamura, W)

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TIMOTHY S. THIMESCH, Esq. (No. 148213)
158 Hilltop Crescent
Walnut Creek, CA 94576-3452
Direct: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff NEVA LEMA

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J.M. IRIGOYEN, Esq., No. 177626
2131 Amador St.
Fresno, CA 93721-1102
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants COURTYARD MARRIOTT MERCED; COURTYARD
MERCED INC.; KASTURI LAL; EDWIN K. ANTHONY; MAX’S PARTNERSHIP,
LLC; and MAX’S PARTNERSHIP P

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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GENEVA LEMA,

CASE NO. 1:10-CV-01131-OWW-SMS
Civil Rights

Plaintiff,

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v.

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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,

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STIPULATION AND ORDER RE
BLUEPRINTS

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Defendants.

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TO THE COURT:

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WHEREAS

Drive,

Merced,

of

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the

hotel

California,

building

“Subject Building”) is at issue in this case;

158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Motel

history

located

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750

construction

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at

the

(hereafter

WHEREAS, the Custodian Of Records Of The City Of Merced
Building

and

Planning

Department

(AKA

The

Stipulation and Proposed Order Re Blueprints: Case No. 1:10-CV-01131-OWW-SMS

“City

of

Merced

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Building

and

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“Building Department”) is in possession of certain blueprints,

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schematics and drawings related to the design and construction of

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the

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construction history and liability issues in this case, or will

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lead to the discovery of admissible evidence on such issues,

subject

Inspection

building

Service”;

that

are

hereafter

potentially

referred

relevant

to

to

as

the

WHEREAS the Parties desire to obtain certified copies from

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the

Building

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evidentiary purposes,
WHEREAS

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Department

Plaintiff

of

has

these

documents

served

a

for

subpoena

discovery

on

the

and

Building

Department at Exhibit 1,
WHEREAS

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of

building

California

assert

that

blueprints,

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material, and that the Building Department is constrained by Health

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&

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documents, even when served with a federal subpoena, i.e., unless,

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inter alia, they are ordered by the Court to do so,
AND

Code

WHEREAS

and

Section

the

drawings

19851

City

of

from

typically

the

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schematics

Department)

(including

City

Safety

Building

in

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Merced

departments

are allegedly “privileged”

producing

Merced

Building

copies

of

Department

such

has

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asserted such objection in other cases (please see Objection at

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Exhibit 2),

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158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

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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

Stipulation and Proposed Order Re Blueprints: Case No. 1:10-CV-01131-OWW-SMS

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WHEREFORE, The Parties Hereby request that the Court order

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the Building Department to produce all blueprints, schematics and

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drawings and any other allegedly privileged material requested by

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////

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any, who signed the original documents and the written

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permission of the original or current owner of the

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building, or, if the building is part of a common interest

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development, with the written permission of the board of

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directors or governing body of the association established

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to manage the common interest development, or (2) by order

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of a proper court or upon the request of any state

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agency.”

158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

(Emphasis added.)

Stipulation and Proposed Order Re Blueprints: Case No. 1:10-CV-01131-OWW-SMS

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Plaintiff in the Subpoena at Exhibit 1.
SO STIPULATED.

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Dated: August 26, 2011

TIMOTHY S. THIMESCH
THIMESCH LAW OFFICE

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Attorneys for Plaintiff
NEVA LEMA

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Dated: August 26, 2011

J.M. IRIGOYEN, ESQ.

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/s/ Authorized Signed
Attorneys for Defendants
COURTYARD MARRIOTT MERCED;
COURTYARD MERCED INC.; KASTURI
LAL; EDWIN K. ANTHONY; MAX’S
PARTNERSHIP, LLC; and MAX’S
PARTNERSHIP

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ORDER

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IT IS SO ORDERED.
Dated:

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August 26, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

emm0d64h

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158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Stipulation and Proposed Order Re Blueprints: Case No. 1:10-CV-01131-OWW-SMS

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