Judge: Craig Griffin, Case: "Med Talent Finder, LLC v. Silber Capital, LLC", Date: 2022-11-07 Tentative Ruling

The Motion for Protective Order filed by moving party Cross-Defendant Med Talent Finder, LLC (here “MP”), seeking an order excusing MP from responding to Plaintiff’s First Set of Special Interrogatories, is GRANTED IN PART.

MP is correct that the supporting declaration attached to the discovery at issue is defective, as it fails to fully comply with C.C.P. § 2030.050.  The declaration provided fails not just to follow the statutory form, but also fails to show substantial compliance as, among other things, it does not attest that none of the interrogatories presented have been  propounded for an improper purpose.  In addition, although not raised in the Motion, it is also defective because it was signed out of state, without the necessary attestation under C.C.P. § 2015.5.  The Motion is thus GRANTED as to the portion of the Special Interrogatories at issue beginning at No. 36, because the declaration permitting more than 35 was defective. 

However, as the discovery at issue otherwise appears appropriate here, this ruling is without prejudice to new Special Interrogatories which are similar to or identical to those from No. 36 on, if supported by an appropriate declaration which comports with C.C.P. § 2030.050. And because the discovery at issue appears reasonable in context, the Motion is DENIED as to Interrogatory Nos. 1-35: MP is to fully answer those interrogatories within 15 days. 

All of the requests for sanctions are DENIED.  Although MP is correct that the supporting declaration has technical defects, since the discovery itself was reasonable here, there was substantial justification for Plaintiff’s position here. And because there were defects in the supporting declaration which could have easily been cured, Plaintiff’s sanction request is also DENIED.  

Counsel for MP is to give notice.