Judge: Olivia Rosales, Case: 21NWCV00448, Date: 2022-10-20 Tentative Ruling

Case Number: 21NWCV00448    Hearing Date: October 20, 2022    Dept: SEC

GONZALEZ v. PEREZ

CASE NO.:  21NWCV00448

HEARING: 10/20/22

#2

TENTATIVE ORDER

Plaintiffs’’ Motion for a Protective Order is GRANTED.

Moving Party to give Notice.

The Court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. (CCP §2017.020(a).) The Court shall restrict the frequency or extent of use of the discovery methods listed in CCP §2019.010 if it determines either of the following: (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) The selected method of discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. (CCP §2019.030.) The Court may then make any order as may be appropriate to protect the parties from unreasonable or oppressive demands. (CC P§1987.1.)

Plaintiffs move for a protective order protecting Plaintiffs from having to appear in-person for the depositions scheduled by Defendants Maria Natividad Perez and Lorena Perez (collectively “Defendants”). Plaintiffs further move that this Court order Defendants to provide a Spanish interpreter during each plaintiffs’ deposition.

CCP §2025.310 states: “At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via remote means. A deponent is not required to be physical present with the deposition officer when being sworn in at the time of the deposition.” (CCP §2025.310(a).) This statute allows any deponent to participate in depositions remotely. Given Plaintiffs’ Counsel’s health concerns, the Court finds good cause to issue the protective order sought. Plaintiffs’ depositions are ORDERED to be conducted remotely by no later than 30 days from the date of the Court’s issuance of this Order. This date may be extended by agreement of the parties.

The Motion for the appointment of a Spanish language interpreter at each of Plaintiffs’ depositions is GRANTED in part. The Court finds that Plaintiffs would be unduly prejudiced by having to undergo depositions in English. However, there is no basis to order that the Spanish language interpreters be provided at Defendants’ expense. If Plaintiffs require the assistance of Spanish language interpreters at their depositions, they may hire said interpreters at their own expense.

 The Motion is GRANTED.