Judge: Richard S. Whitney, Case: 37-2022-00033304-CU-OE-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other employment Discovery Hearing 37-2022-00033304-CU-OE-CTL BARBA VS MANNA DEVELOPMENT GROUP LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO ITS FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS OF NOT LESS THAN $5,610.00 is DENIED.

Defendant MANNA DEVELOPMENT GROUP, LLC ('Defendant') seeks to compel further form interrogatory responses from Plaintiff Bridney Barba ('Plaintiff'). Plaintiff, subsequent to the filing of this motion, served supplemental responses, making this motion moot. No sanctions are awarded. The parties must further meet and confer regarding the supplemental responses before the Court will consider any dispute as to the supplemental responses. The Court, in hopes of avoiding the need for a further motion, notes that it cannot be said 'that witness statements procured by an attorney will always reveal the attorney's thought process.' (Coito v. Superior Court (2012) 54 Cal.4th 480, 495.) However, 'in some cases, the very fact that the attorney has chosen to interview a particular witness may disclose important tactical or evaluative information, perhaps especially so in cases involving a multitude of witnesses.' (Id. at 495.) In other cases, 'an attorney collects statements from witnesses to an accident with no particular foresight, strategy, selectivity, or planning....' (Id.) 'The party claiming the privilege has the burden of establishing the preliminary facts necessary to support its exercise.' (Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733.) A privilege log should provide enough information for the Court and/or the propounding party to independently conclude the information sought would 'disclose important tactical or evaluative information.' Calendar No.: Event ID:  TENTATIVE RULINGS

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