Judge: James A. Mangione, Case: 37-2022-00045733-CU-OE-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 17, 2023

11/17/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Discovery Hearing 37-2022-00045733-CU-OE-CTL VALDEZ VS INDO CALI OPERATIONS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Indo Cali Operations Motion to Compel Further Responses to Special Interrogatory, Set One is granted.

'Unless a declaration as described in Section 2030.050 has been made, a party need only respond to the first 35 specially prepared interrogatories served, if that party states an objection to the balance, under Section 2030.240, on the ground that the limit has been exceeded.' (Code Civ. Proc., § 2030.030(c).) 'Where more than 35 specially prepared interrogatories are accompanied by a 'declaration of necessity' under CCP § 2030.050, any challenge to the number of questions must be by motion for protective order [citation]. Therefore, a 'burdensome and oppressive' objection would not lie solely on the basis of the number of questions asked. Other reasons must be shown.' (Presiding Justice Lee Smalley Edmmon et. al. (Rutters Group 2023) Responding to Interrogatories, Cal. Prac. Guide Civ. Pro. Before Trial at § 8:1099.) Plaintiff's argument that Defendant's declaration was so insufficient that it was the functional equivalent of no declaration is unavailing. Plaintiff was required to challenge the declaration of necessity through a motion for protective order. By failing to do so, Plaintiff has waived her objections.

Plaintiff is ordered to provide supplemental responses within thirty (30) days.

The Court finds, based on the conduct of the parties, that no monetary sanctions are warranted to either side.

All evidentiary objections are overruled.

The minute order is the order of the Court.

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