Judge Richard S. Whitney, Case 37-2022-00035700-CU-MC-CTL 2023-11-17 Tentative Ruling

Judge: Richard S. Whitney, Case: 37-2022-00035700-CU-MC-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 15, 2023

11/17/2023 10:30:00 AM C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited Misc Complaints - Other Discovery Hearing 37-2022-00035700-CU-MC-CTL IGNACIO GOMEZ MONGE BY AND THROUGH HIS SUCCESSOR IN INTEREST MARIA ANTONIETA GOMEZ SOLER VS SCRIPPS HEALTH [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF THE PERSON MOST KNOWLEDGEABLE OF SCRIPPS HEALTH AND FOR ACTUAL PRODUCTION OF DOCUMENTS is GRANTED, in part.

Plaintiff IGNACIO GOMEZ MONGE, by and through his Successor in Interest, Maria Antonieta Gomez Soler ('Plaintiff' or 'IGNACIO GOMEZ MONGE') seeks to compel the deposition of Defendant SCRIPPS HEALTH's ('Defendant' or 'HOSPITAL') person(s) most knowledgeable ('PMK') as well as produce documents pursuant to the deposition notice. The Court previously denied the motion because Plaintiff failed to demonstrate Plaintiff properly meet and confer prior to the filing of the motion. The parties have since met and conferred and made significant progress in narrowing the issues.

Defendant agreed to produce a PMK as to topic 2, such that the motion is now moot as to topic 2. As to topic 4, Plaintiff's request overbroadly seeks a PMK as to '[t]he existence of, name of, scope, nature and purpose of all written HOSPITAL Nursing Service Policies and Procedures ... relating to the delivery of patient care on each wing, unit, or station where PLAINTIFF was housed which were in effect during the time period of the stay of the PLAINTIFF in the HOSPITAL.' Defendant offered to provide a table of contents for the policies and procedures so that Plaintiff could narrow the request. Plaintiff asserted it should have already been produced and, before Defendant provided the table of contents so the parties could agree to a narrowing, Plaintiff filed this motion. The Court agrees the request should be narrowed to topics that relate to this litigation. The Court orders the parties to meet and confer as to how to narrow the request such that Defendant can have a PMK selected and deposed within forty-five (45) calendar days. The Court suggests the parties immediately meet and confer without any delay.

As to Requests for Production 5, 9, 12, 15, 21, 22, 23, 24, and 25, Defendant continues to assert the requests are not narrowly tailored and seek documents that are not reasonably calculated to lead to the discovery of admissible evidence. As to requests 5, 21, 22, 23, and 24, Defendant asserts they are too broad since they would include timecards, work schedules, sign-in sheets, and orientation materials for all employees on any unit where Plaintiff was housed, regardless of whether those individuals actually provided any care and treatment to Plaintiff. The Court disagrees. As indicated by Sheila Chesanow, sign-in sheets and timecard do not always match and are sometimes fraudulently completed. (Decl.

Chesanow¸¶¶ 14-15.) Defendant has not sufficiently justified its objections.

As to requests 9 and 12 regarding hospital bylaws and policies and procedures, the Court agrees Plaintiff should narrow the request to pertain to this litigation. The Court orders the parties to meet and Calendar No.: Event ID: TENTATIVE RULINGS

2983615 CASE NUMBER: CASE TITLE: IGNACIO GOMEZ MONGE BY AND THROUGH HIS SUCCESSOR IN 37-2022-00035700-CU-MC-CTL confer as to how to narrow the requests within twenty (20) calendar days. Defendant should provide Plaintiff with a table of contents as soon as possible so that the parties can commence meeting and conferring. Defendant is ordered to provide responsive documents to the narrowed requests to which the parties agree after meeting and conferring within twenty-five (25) calendar days. The documents must be produced within thirty (30) calendar days.

As to request 15, Defendant claims the documents should not be produced as protected by HIPAA and CMIA. As Plaintiff agrees production should be limited to Plaintiff, Defendant can redact identifying information of other people so as to negate the privacy concerns.

Finally, as to request 25, the Court finds Defendant has not sufficiently justified its objections. The request seeks documents to determine whether Defendant's employees were fit to perform their jobs. As Plaintiff agreed to limit the temporal scope to the time of Plaintiff's stay, the request is not too broad.

Defendant is ordered to produce PMK(s) for deposition within forty-five (45) calendar days. Defendant is ordered to meet and confer with Plaintiff as outlined above. Defendant is ordered to produce documents responsive to Requests for Production 5, 21, 22, 23, 24, and 25 within twenty (20) calendar days. The remaining responsive documents to Requests for Production 9, 12, and 15 must be produced within thirty (30) calendar days (after meeting and conferring as to 9 and 12). No sanctions are awarded.

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2983615