The plaintiffs brought a motion seeking extensive documentary discovery from the defendants in a consolidated construction lien action.
The defendants resisted, arguing proportionality and the summary nature of construction lien proceedings, claiming only a small amount was in dispute.
The court found that the defendants' pleadings, which raised issues of delay, extras, incomplete work, and lost profits, put virtually all requested documents in issue.
The court determined that proceeding to discovery without the requested documentation would be unfair, lead to protracted discoveries, and ultimately incur more expenses.
The motion for documentary production was largely granted, with minor exceptions and clarifications.
