Judge: Laura A. Seigle, Case: 22STCV19760, Date: 2024-03-15 Tentative Ruling

Case Number: 22STCV19760    Hearing Date: March 15, 2024    Dept: 15

[TENTATIVE] ORDER RE MOTION TO COMPEL

            Defendant American International Industries served a subpoena on R. Mark Bailey and Asbestos TEM Laboratories for a sample of Clubman Talc, chain of custody documents regarding the talc sample, and all documents created as a result of testing the talc sample.  Bailey was designated as an expert in a different case but did not testify in that case and he did not produce documents in that case.  He is not a designated expert in this case.  Defendant filed a motion to compel the production of documents responsive to the subpoena.

            When an expert is designated to testify in a case, his work product is subject to disclosure.  (Code Civ. Proc., § 2034.210.)  Here the Bailey is not designated to testify in this case.  His work product was not produced in the prior case and he did not testify in the prior case.  Defendant does not cite any law requiring the production of undisclosed expert work product from a different case.  Therefore, the motion to compel the production of documents created by Bailey for the prior case is denied.

            The motion to compel the production of the talc sample and chain of custody documents is granted.  Those items are not Bailey’s work product, and they are potentially relevant in this case.  They are to be produced within the next 15 days.

            The motion is granted in part and denied in part.

            The moving party is to give notice.