Judge: Jill Feeney, Case: 20STCV02388, Date: 2022-10-31 Tentative Ruling
Case Number: 20STCV02388 Hearing Date: October 31, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 31, 2022
20STCV02388
Motion to Compel Plaintiff Hugo Rodriguez-Benitez’s Further Responses to Special Interrogatories (Set Two) filed by Defendant Kim
DECISION
The other motion to compel further set for hearing today has been taken off calendar by Defendant.
The motion to compel further with respect to Special Interrogatories Nos. 36 and 37 is denied as moot as both parties are in
agreement that Plaintiff has now provided sufficient answers.
With respect to Special Interrogatories Nos. 50 through 53, Plaintiff contends that his supplemental responses render the requests moot. Defendant disagrees. So does the Court. Plaintiff still references medical records in its responses yet fails to provide pinpoint
cites to records relating to the injuries to particular body parts.
The motion is granted with respect to these three interrogatories.
This leaves Special Interrogatories Nos. 38 and 39.
No. 38 reads as follows: State how you were referred to Bell Gardens Chiropractic for treatment after the subject collision.
No. 39 reads as follows: State the name of the person who referred you to Bell Gardens Chiropractic for treatment after the subject collision.
These interrogatories essentially ask for the same information. Plaintiff objects based on relevance and attorney-client privilege.
On the relevance issue, Defendant asserts the information goes to the credibility of Plaintiff with respect to the damages being claimed based upon the bills from Bell Gardens Chiropractic. Essentially, Defendant contends that if Plaintiff was referred to Bell Gardens Chiropractic by his regular physician or a family member that makes it more likely that his claimed injuries were legitimate. If Plaintiff was refereed to Bell Gardens Chiropractic by his attorney that makes it more likely that his claimed injuries were illegitimate or exaggerated.
Furthermore, Defendant notes that Plaintiff treated at Bell Gardens Chiropractic on a lien basis. As outlined by Defendant, if an attorney referred Plaintiff to Bell Gardens Chiropractic this relates to the issue of bias and potential inflation of bills by Bell Gardens Chiropractic.
For the reasons stated, the Court finds that the information is relevant.
With respect to the issue of the asserted attorney client privilege, the Court finds that it applies. Assuming that Plaintiff’s attorney told him to go to a particular doctor in confidence, Defendant has not provided any authority for the Court to conclude that this would not be a confidential communication covered by the privilege.
That said, Defendant is certainly free to depose Plaintiff or serve further interrogatories that would rule out other sources of referrals. For instance, Plaintiff may be asked if he was referred to Bell Gardens Chiropractic by a doctor or a family member or a friend. Similarly, Defendant is free to depose or subpoena records from Bell Gardens Chiropractic with respect to this issue.
The motion is denied with respect to these two interrogatories.
Sanctions are imposed here. Plaintiff did not serve adequate supplemental responses with respect to Nos. 50 through 53. Moreover, although Plaintiff did provide adequate supplemental responses to some interrogatories following the IDC, there was no legitimate basis for the objections raised as to these interrogatories in the first instance. The Court does note that the motion to compel was not granted in its entirety and that weighs in favor of a reduction in the sanctions requested.
Defendant seeks sanctions totaling $780 jointly and severally against Plaintiff and his counsel. Pursuant to Code of Civil Procedure Section 2030.300, the Court awards sanctions in the amount of $600 jointly and severally. Sanctions are due within 20 days after the date of this order as are verified further responses.
Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.
