SimplexGrinnell v. Super.



Filed 3/9/11 SimplexGrinnell v. Super. Ct. CA1/3





NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

SIMPLEXGRINNELL LP, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; JULES ARTHUR et al., Real Parties in Interest.

A130663 (Solano County Super. Ct. Nos. FCR277095 & FCR 277097)

SimplexGrinnell petitions for a writ of mandate directing the Solano County Superior Court to vacate its order directing SimplexGrinnell to produce certain documents for in camera review. It also requests that we direct the trial court to grant SimplexGrinnell's motion to quash a subpoena issued on behalf of the real parties in interest who are defending criminal charges. We vacate the order to produce documents for in camera review, but decline to quash the subpoena. Instead, we return this case to the superior court for further proceedings on the motion to quash consistent with our decision.
FACTUAL AND PROCEDURAL BACKGROUND
Real parties in interest Jules Arthur and Michael Hagigeorgiou are facing criminal charges arising from an August 2008 fire at Casa de Vallejo, an apartment complex for senior citizens. SimplexGrinnell provided, repaired, and maintained a fire alarm system at Casa de Vallejo. SimplexGrinnell is also a defendant in a related civil action in Sacramento County Superior Court, stemming from its alleged negligence in maintaining Casa de Vallejo's fire alarm system. Arthur is a party to the Sacramento litigation, but Hagigeorgiou is not.
As part of their criminal defense efforts, real parties subpoenaed â€