Property Reserve, Inc. v. Superior Court of San Joaquin County

BLEASE, Acting P. J.,

Concurring.—I concur in the result reached by the majority. I write separately because, while I do not agree with the trial court’s reason for denying discovery, I do not believe formal discovery is appropriate at the pre-entry stage at which it was presented here. Formal discovery is inappropriate at the initial stage of the prelintinary entry proceeding because the issue to be determined at a potential trial is the amount of actual damage to the property and the value of the substantial interference with possession and use of the property as a result of the entry.…