Judge: Blaine K. Bowman, Case: 37-2022-00052166-CU-NP-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2022-00052166-CU-NP-CTL HILL VS SOUTHWEST AIRLINES CO [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant Southwest Airlines Co.'s motion for protective order re: deposition of Southwest's Person Most Knowledgeable is DENIED.

Preliminarily, Southwest fails to specifically identify which of the 47 topics of testimony and which of the 33 requests for production Southwest seeks to preclude. The proposed order Southwest submits states only that Southwest's PMK deposition 'shall be limited to topics relating solely to the issues raised in Southwest's currently pending Motion for Summary Judgment.' Such a proposed order is impermissibly overbroad.

More significantly, the court finds Southwest fails to establish the good cause required for issuance of a protective order under CCP § 2025.420. Southwest fails to submit evidence sufficient to support a finding that the PMK deposition will cause Southwest any 'unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.' Southwest argues Plaintiffs should first have to prove they have a viable claim before requiring Southwest to respond to discovery outside of the topics/requests Southwest deems relevant to Southwest's motion for summary judgment. However, the case authority Southwest relies on does not support such argument. Arguelles-Romero v. Superior Court (2010) 184 Cal.App.4th 825 is distinguishable because it is an arbitration case wherein the moving party sought a stay pending the hearing on the moving party's motion to compel arbitration and the court allowed the plaintiff to conduct discovery on the limited issue of the enforceability of the arbitration clause. Courts routinely stay discovery pending the hearing on a motion to compel arbitration. There is no similar routine stay imposed when a motion for summary judgment/summary adjudication is pending.

Considering these circumstances, the court exercises its discretion in favor of denying Southwest's motion for a protective order.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

Calendar No.: Event ID:  TENTATIVE RULINGS

3099982  7 CASE NUMBER: CASE TITLE:  HILL VS SOUTHWEST AIRLINES CO [E-FILE]  37-2022-00052166-CU-NP-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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