García Commercial, Inc. v. Superior Court of Puerto Rico

74 P.R. 396
CourtSupreme Court of Puerto Rico
DecidedFebruary 20, 1953
DocketNo. 1970
StatusPublished

This text of 74 P.R. 396 (García Commercial, Inc. v. Superior Court of Puerto Rico) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
García Commercial, Inc. v. Superior Court of Puerto Rico, 74 P.R. 396 (prsupreme 1953).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

On November 1,1951, Vicente Belgodere, Jr.,, sued Garcia Commercial, Inc., for wages, in the former District Court, of Puerto Rico, San Juan Section, pursuant to the provisions of Act No. 10 of November 14, 1917 (Spec. Sess. Laws, Vol. II, p. 216). He alleged in the complaint having worked for the defendant between October 8, 1945, and June 8, 1950, in excess of 40 hours per week, invoking the Fair Labor Standards Act; in excess of eight hours per day, during the same period, invoking Act No. 379 of May 15, 1948 (Sess. Laws, p. 1254); and extra hours on Sundays in violation of the latter Act; and that from October 1, 1949, to June 8, 1950, he was not granted certain days of vacation to which he was entitled. His total claim, including the penalty, amounted to $8,256.44.

The defendant answered and after denying the essential averments of the complaint it alleged affirmatively that during his employment the plaintiff was engaged solely and exclusively in its activities connected with retail- business, wherefore its activities were not covered by the Fair Labor Standards Act. Moreover, it denied specifically that the plaintiff had ever been engaged during his employment in activities connected with interstate commerce. Subsequently, and with leave of the court, the defendant adduced as a special defense that the plaintiff’s cause of action as to the [398]*398years 1945 to November 1, 1949, was barred pursuant to the Federal provisions on this subject.1

The issue being thus joined, the plaintiff moved that the defendant be ordered to permit him to inspect and to copy whatever was material from each of the following documents :

a. Payrolls of all the employees of the defendant Garcia Commercial, Inc., during the period from October 8, 1945, until June 1950. '
b. Written labor contracts of all the employees during the same period.
c. Time cards showing the . arrival and departure of all the employees during the same period.
d. All the warehouses and offices of the defendant Garcia Commercial, Inc.
e. Invoices of all the exporters during the same period;
/. Correspondence between Garcia Commercial, Inc., and the Wage & Hour Division of the U. S. Department of Labor.
g. Ledger and journal covering the period involved in the complaint, namely, from October 8, 1945, until June 1950.
h. Cashbook.

The defendant objected and after a hearing, the court a quo entered an extensive order granting the motion in its entire[399]*399ness. The lower court set. forth in that order the reasons why it authorized the inspection of each- and every one of the items mentioned in the motion. In referring. to the question of prescription it stated that: “If . .the evidence-showed that the plaintiff-was engaged in activities within interstate commerce the plea of - prescription would be valid in every respect connected with interstate commerce: 29 U.S.C.A. § 255; Ricci v. El Mundo, 85 F. Supp. 82. But since the defendant alleges, as it' does allege, that the plaintiff was engaged 'solely and exclusively in its activities connected with retail business’ . . , the court can not decide the issue of prescription until it hears the evidence of both parties. We shall therefore leave the question pending until after hearing the evidence” The defendant moved for reconsideration and its motion was denied outright. The defendant then resorted to this Court with a petition for certiorari and in response thereto on September 5, 1952, we entered an order which literally copied essentially reads :•

“The petitioner shall notify its foregoing petition for cer-tiorari to Vicente Belgodere, Jr., and all the parties are hereby granted a term of 10 days to file separate writings setting forth the reasons, if any, why in view of our holding in Shell Co. v. District Court, 73 P.R.B. 413, the order entered by the lower court on July 22, 1952, in the case of that court No. 51-3984, Vicente Belgodere, Jr. v. García Commercial, Inc., Claim for Wages, should not be set aside.”

The parties complied with our order and at the request of the intervener Belgodere (plaintiff in the main action) we held a hearing during which the parties discussed not only the issue of prescription but also the remaining errors assigned by the defendant in its petition.

Rule 34 of the Rules of Civil Procedure provides that:

“(a) Inspection of Documents and Examination of Real Property. — Upon motion of any party showing good cause therefor and upon notice to all other parties, the court in which an [400]*400action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody, or control; or (2) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon.”

It will be seen from the context of this Rule that in order that a motion for inspection of documents, etc., may lie, not only must good cause therefor be shown, but also the production or inspection sought must be of objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action.

According to the text writers and the decisions, Rule 34 is to be accorded the broadest and most liberal construction possible — Hickman v. Taylor, 329 U. S. 495, 507; 91 L. ed. 451, 460; Shell Co. v. District Court, 73 P.R.R. 413, 421, 427; 41 Mich. L. Rev. 205, 215 — and the scope of the examination or inspection authorized thereunder shall be as broad as the scope of inquiry by deposition under Rule 26 (6) or by interrogatories under Rule 33. Moore’s Federal Practice, 2d ed., Vol 4, § § 34.08 and 34.09. Despite that liberality and that broadness, the text writers and the decisions agree that “In an ordinary case discovery as to matters occurring outside the period of limitations or at some other time not relevant to the case may be denied, but where a continuing conspiracy, fraud or other wrong is alleged, discovery may cover an extensive period.” Op. cit. § 34.10 and cases therein cited in footnotes 17 and 18. Cf. footnote 2.

However, as will be recalled, Belgodere’s claim refers to work performed between October 8, 1945, and June 8, 1950. The complaint was filed, we repeat, on November 1, 1951. Therefore, the situation here is not as in Shell Co. [401]*401v. District Court, supra, where the claim went back 14 years and where we said, very wisely, we think, that “where . . .

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Related

Hickman v. Taylor
329 U.S. 495 (Supreme Court, 1947)
Ricci v. El Mundo, Inc.
85 F. Supp. 82 (D. Puerto Rico, 1949)

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Bluebook (online)
74 P.R. 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-commercial-inc-v-superior-court-of-puerto-rico-prsupreme-1953.