Judge: Joel R Wohlfeil, Case: 37-2021-00036038-CU-PA-CTL, Date: 2023-09-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - September 12, 2023

09/14/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2021-00036038-CU-PA-CTL JOHNSON VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Protective Order, 08/16/2023

1. The Motion (ROA # 69, 90) of Plaintiff Alexis Johnson ('Plaintiff') to Compel the Person(s) Most Knowledgeable for City of San Diego as noticed for examination with a full document production, and for monetary sanctions, is CONDITIONALLY DENIED.

The impetus to this Motion appears to have been Defendant's filing of a summary judgment motion based on a defense of statutory immunity; however, Plaintiff has not shown that the matters on which Plaintiff proposes to examine Defendant's Person Most Knowledgeable ('PMK'), and the documents requested of Defendant, are relevant or reasonably calculated to lead to the discovery of admissible evidence of this defense.

The balance of Defendant's objections (including the scope of the deposition, particularly the requested documents, which may be overly broad) are not reasons to deny this Motion.

Defendant is admonished that, if this discovery is probative of Defendant's statutory immunity defense, Plaintiff's deprivation of this discovery will become a basis to deny the summary judgment motion and Plaintiff will be permitted leave to conduct this discovery prior to trial.

Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.

_____ 2. The Motion (ROA # 94) of Defendant City of San Diego ('Defendant' or 'City') for a protective order preventing Plaintiff Alexis Johnson ('Plaintiff') from proceeding with the deposition of the City's Person Most Knowledgeable, is CONDITIONALLY GRANTED for the reasons set forth in the Court's ruling on Plaintiff's Motion (ROA # 69, 90) to Compel the deposition of the City's Person(s) Most Knowledgeable.

Calendar No.: Event ID:  TENTATIVE RULINGS

3003392