Kandel

Kandel v. Brother International Corp.

Good Law

683 F. Supp. 2d 1076·2009 WL 5454888·2010 U.S. Dist. LEXIS 23540

United States District Court, Central District of CaliforniaFebruary 1, 2010CV 08-1040-DSF(RCx), CV 08-6126-DSF(RCx)California4,354 words

Opinion

Chapman, J.

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING PLAINTIFFS’ MOTION FOR AN ORDER DECLARING 28 DOCUMENTS PRODUCED BY DEFENDANTS ARE NOT PRIVILEGED

On November 24, 2009, plaintiffs, without filing a notice of motion and motion, filed a joint stipulation, the supporting declaration of Mitch Kalcheim with numerous exhibits and the opposing declarations of Charles Stadler and Layne Melzer with exhibits, and on December 2, 2009, plaintiffs filed a supplemental memorandum and the reply declaration of Mitch Kalcheim with exhibits and defendants filed their supplemental memorandum. This matter is decided in Chambers without oral argument, pursuant to Local Rule 7-15.

BACKGROUND

On December 18, 2007, plaintiff Jeff Kandel, proceeding individually and on behalf of all others similarly situated, filed a putative class action in Los Angeles County Superior Court against defendants Brother International Corporation (“BIC”) and Brother Industries, Ltd. (“BIL”), challenging the design of defendants’ toner cartridges and raising claims of unfair business practices under California Business & Professions (“B.P.C.”) Code §§ 17200 et seq. and 17500 et seq. and violation of California Consumer Legal…

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