Judge: Maurice A. Leiter, Case: 22STCV00738, Date: 2023-05-18 Tentative Ruling
Case Number: 22STCV00738 Hearing Date: May 18, 2023 Dept: 54
County of Los Angeles |
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Stephanie
Marie Wickstrom, et al., |
Plaintiffs, |
Case No.: |
22STCV00738 |
vs. |
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Tentative
Ruling |
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Southern
California Edison Company, |
Defendant. |
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Hearing
Date: May 18, 2023
Department
54, Judge Maurice A. Leiter
Motion
for Protective Order, or alternatively, to Appoint Discovery Referee
Moving
Party: Plaintiffs Stephanie Marie Wickstrom,
et al.
Responding
Party: Defendant Southern California Edison
Company
T/R: PLAINTIFFS’ MOTION TO APPOINT DISCOVERY REFEREE IS GRANTED.
THE PARTIES ARE EACH ORDERED TO PROVIDE WITHIN SEVEN DAYS A LIST
OF THREE DISCOVERY REFEREES. THE COURT WILL APPOINT A REFEREE FROM THESE LISTS
TO OVERSEE DEPOSITIONS.
THE PARTIES’ REQUESTS FOR SANCTIONS ARE DENIED.
PLAINTIFFS TO
NOTICE.
If the parties wish to submit on the tentative,
please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing
counsel (or self-represented party) before 8:00 am on the day of the
hearing.
The Court
considers the moving papers, opposition, and reply.
“The court, for good cause shown, may make any order
that justice requires to protect any party or other person from unwarranted
annoyance, embarrassment, or oppression, or undue burden and expense.”
(CCP § 2031.060(b).)
Plaintiffs move for a protective order, or
alternatively to appoint a discovery referee. Plaintiffs assert the parties
cannot agree on deposition schedules or the scope of depositions. Plaintiffs
also represent that Defendant’s counsel has repeatedly obstructed deposition
testimony by objecting improperly and instructing the deponent not to answer,
by testifying for the deponent and coaching the deponent.
In opposition, Defendant asserts Plaintiffs’
counsel has been obstructing discovery by noticing too many depositions and for
asking questions outside the scope of those notices.
It
is clear from the parties’ vastly different versions of events that they are
not capable of conducting depositions without the assistance of a third-party
mediator. The Court will appoint a discovery referee. The cost of the referee
shall be shared equally among the parties.
The Court declines to award sanctions to either
party.