Judge: Ronald F. Frazier, Case: 37-2020-00020200-CU-OE-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Other employment Discovery Hearing 37-2020-00020200-CU-OE-CTL HERNANDEZ VS SENDX MEDICAL INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/03/2023

Plaintiff's counsel Jason Rothman and Defendant's counsel Romtin Parvaresh are requested to appear in person at this hearing.

Plaintiff's Motion to Compel Defendant SenDx Medical, Inc.'s Person Most Qualified to Provide Further Testimony at Deposition and Request for Monetary Sanctions is DENIED. (ROA 213.) Defendant asserts the motion is untimely. However, after review of the facts and legal authorities, the court concludes the motion is timely.

Plaintiff seeks to compel a further deposition of Defendant's Person Most Qualified as to nine of the 28 topics upon which the deposition initially proceeded. However, based on the court's review of the separate statement, while the deponent answered some questions with 'I don't know,' there is no topic for which the deponent refused to answer or was entirely unable to address. Further, Plaintiff did not move to compel an answer to any specific question. (Code Civ. Proc. § 2025.460(e).) The court also notes that in some instances, the deponent was able to identify another person who would be knowledgeable about the information sought.

Plaintiff's evidentiary objections to Defendant's counsel's declaration are improper and should not have been filed. Discovery motions are not dispositive motions. The court is not aware of any law authorizing the use of evidentiary objections on a discovery motion, nor is there any practical reason for their use in this context. Unauthorized briefing and efforts to circumvent page limits are not well-taken by this court.

(Cal. R. Court, rule 3.1113(d), (g).) The court declines to consider the objections.

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