Judge: Kimberly Knill, Case: 30-2022-01254221-CU-PA-CJC, Date: 2023-07-28 Tentative Ruling

Plaintiff’s Motion to Compel Defendant Floyd Brad Gardner’s Further Responses to Plaintiff’s Request For Production Of Documents (Set One); Request For Sanctions

The Motion to Compel Further Responses and for Sanctions brought by Lesly Aracely Vega is DENIED.

RFP No. 10 requests, “[Defendant’s] cell phone bill for the date of the INCIDENT.”

While plaintiff agreed to a redaction of financial information, i.e., the amounts charged, and account number, the request remains overbroad. The request seeks defendant’s cell phone usage/record for the entire day (i.e., the 24-hour time period) and is not limited to the time surrounding the subject accident. A sufficiently narrow discovery request such as, by way of example, one seeking production of cell phone records 30 minutes prior to the incident and 30 minutes after the incident, with all private information other than the date, time, and length of calls made and received redacted could have adequately protected defendant and any implicated third party’s privacy interests.

Defendant to give notice.