Judge: Robert P. Dahlquist, Case: 37-2023-00025649-CU-NP-NC, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 28, 2023

09/29/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Non-PI/PD/WD tort - Other Discovery Hearing 37-2023-00025649-CU-NP-NC RODRIGUEZ VS. CABILING ENTERPRISES, INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/06/2023

Plaintiff Greta Neely Rodriguez' motion to conduct discovery to oppose defendant's anti-SLAPP motion (ROA # 39) is granted in part and denied in part.

Plaintiff is requesting an order allowing the following discovery: (1) deposition of Aimee Cabiling; (2) deposition of the person most qualified at the California Department of Social Services (Tricia Danielson); and (3) a request for production of documents to defendant La Jolla Wealth Management, LLC.

The court does not believe it is appropriate to allow a deposition of Aimee Cabiling at this stage of the case, while the SLAPP motion is pending. Instead, plaintiff may propound up to ten special interrogatories to Aimee Cabiling. The special interrogatories should be narrowly tailored to the limited factual issues raised by the pending SLAPP motion.

The court believes that there is good cause to allow the deposition of the person most qualified at the California Department of Social Services.

The court believes that there is good cause to allow a request for production of Ms. Neely's entire file from defendants' facility. The court will allow a document request limited to this one item.

Therefore, the court orders that plaintiff may take only the following discovery at this time: (1) up to ten special interrogatories to Aimee Cabiling, limited to the factual issues raised by the pending SLAPP motion; (2) the deposition of the person most qualified at the California Department of Social Services; and (3) a document request seeking production of one item – Ms. Neely's entire file from defendants' facility. No other discovery is permitted at this time.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, September 29, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 29, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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