As to defendant OC Floors to Your Door, which is a limited liability company, its motion for a protective order to stay discovery pending resolution of criminal proceedings is DENIED because a limited liability company like a corporation has no fifth amendment rights. See, Avant! Corporation v. Superior Court (2000) 79 Cal.App.4th 876, 887 to 888.
As to defendant Aaron Sanchez, if defendant Sanchez elects not to testify at trial as to any matters relating to the discovery by plaintiff Wholesale Wood Food Warehouse, Inc. relating to conversion/embezzlement of company funds, then defendant Sanchez?s motion for a protective order to preclude his responding to such discovery is GRANTED. But if defendant Aaron Sanchez seeks to testify at trial on any of these matters that form the basis of plaintiff?s discovery, then defendant Sanchez must elect to waive his fifth amendment privilege and respond to such discovery. See,Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 310. A delay of uncertain duration for resolution of the criminal investigation by the Santa Ana Police Department, and then potential criminal proceedings, is not warranted. See, Fuller, at 309 and IBM v. Brown (C.D. Cal. 1994) 857 F.Supp. 1384, 1391 to 1392. The Fuller court explained that: ?A delay of three years not only flies in the face of the policies behind Government Code section 68607 and the Standards of Judicial Administration, but also exposes both sides of the litigation to the risk of diminished memory and lost records.?Id., at 309. Hence, while a stay is a possible option, it is not an abuse of discretion to deny a stay and require that the civil action proceed. Id. Defendant Sanchez may elect to assert his 5th Amendment rights as indicated, but defendant will thereby be precluded from testifying at trial as to any matters he elects to not respond to during discovery. ThePacers case is distinguishable on its facts from the present case in several respects. Also, the Pacers decision pre-dates the Trial Court Delay Reduction Act. Defendant Aaron Sanchez will have 30 days to notify counsel for plaintiff Wholesale Wood Floor Warehouse, Inc. as to whether defendant Sanchez elects to waive his fifth amendment rights in this case and respond to plaintiff?s discovery and submit to future discovery such as a deposition. After 30 days from this court?s order, and with no election to waive being given by defendant Sanchez, defendant Sanchez will be deemed to have elected to assert his fifth amendment rights and will be precluded from testifying at trial on the matters within the scope of discovery already propounded or relating to such subjects.
Moving parties to give notice.