Judge: Jill Feeney, Case: 21STCV20531, Date: 2023-01-24 Tentative Ruling
Case Number: 21STCV20531 Hearing Date: January 24, 2023 Dept: 30
Department 30, Spring Street Courthouse
January 23, 2023
21STCV20531
Motion To Compel Defendant’s Further Responses to Second Demand for Production of Documents
Motion to Compel Defendant’s Further Responses to Supplemental Form Interrogatories
DECISION
Both motions are granted because Plaintiff has already been deposed.
Plaintiff did not suffer unfair prejudice or suffer an injustice because the surveillance was not disclosed prior to deposition. Defendant is entitled to utilize the full impeachment power of any videos at that stage in the litigation if Defendant so desires.
However, the prejudice calculus changes after the deposition of Plaintiff because an injustice may well be suffered if the surveillance is not disclosed prior to trial. For instance, even though the Plaintiff has knowledge of their actions on the days the videos were taken, the Plaintiff would not have sufficient opportunity to determine if the recordings were altered or manipulated or otherwise not representative of their injury status if they were surprised with the actual videos during impeachment at trial. Such an occurrence would be unjust and prejudicial to Plaintiff.
If Defendant has decided not to use the video at trial, then the video need not be produced.
No sanctions are awarded.
