Judge: Lynne M. Hobbs, Case: 21STCV24860, Date: 2023-07-12 Tentative Ruling

Case Number: 21STCV24860    Hearing Date: July 12, 2023    Dept: 30

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AL-NISSA JOHNSON FONTANO vs CRAZY Q BARGAIN, et al.
21STCV24860
Motion to Compel Deposition of Defendant's PMK, by Plaintiff

Ruling:  Denied.  Court declines to award sanctions.  Moving party to give notice.

Rationale:  

An examination of Crazy Q’s January 10, 2023 objections to the third deposition notice shows Crazy Q objected to the notice on the grounds that the information sought was privileged and the notice requires Crazy Q to disclose expert witnesses, prematurely requests evidence, calls for legal conclusions and equally accessible information, assumes facts in evidence, seeks proprietary financial documents, is compound, is vague, overbroad, and harassing, and violates privacy rights. The objections that the notice assumes facts not in evidence and that the notice is vague are overruled. However, the objections for privilege and that the notice was overbroad are sustained.  The notice requests information including all writings on security, loss prevention, employees, employee policies, and insurance policies. Because, Crazy Q’s objections contain valid objections and Crazy Q failed to produce its PMK after service of these valid objections, the motion is denied.  Further, it appears the parties have set a new deposition date for June 11, 2023. (Mendoza Decl., ¶¶14.) Because Crazy Q has agreed to produce its PMK, the motion is denied on that ground also. Given the denial, sanctions are not mandatory. The Court declines to award sanctions.