MOTION TO COMPEL DEPOSITION
Hearing on motion to compel deposition off-calendar.? Notice of withdrawal of motion filed 12/22/2016.
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
Plaintiff Madisen Peterson?s motion for orders compelling defendant Reed Krakoff, LLC to provide responses to Special Interrogatories, Set 4, and Requests for Production, Set 5 and defendant Coach, Inc. to provide responses to Special Interrogatories, Set 3, and Requests for Production, Set 4, is denied.? Defendants provided responses on 12/6/16.
MOTION TO QUASH DEPOSITION SUBPOENA
Plaintiff moves to quash the deposition subpoena of her trial counsel, Andrea Cook. ?The motion is granted.
Depositions of opposing counsel are ?presumptively improper, severely restricted, and require ?extremely? good cause ? a high standard.?? (Carehouse Convalescent Hospital v. Superior Court (2006) 143 Cal.App.4th 1558, 1562.) The following factors determine whether an opposing-counsel deposition is allowable:
- whether the party seeking the deposition has other practical means to obtain the information sought;
- whether it is crucial to preparation of the case; and
- whether the information sought is subject to a privilege claim.
(See id. at p. 1563.)? The party seeking the deposition has the burden of proving the first two factors, above. However, the burden of proving the third factor (information subject to a privilege claim) lies with the party opposing the deposition. (Id. at pp. 1563-1564.)
Defendants have not met their burden of proving extremely good cause to depose Ms. Cook.? Defendants had other practical means to obtain the information sought through the deposition of Plaintiff.? Furthermore, they deposed Angela Mina in September 2016 and had time to locate Jennifer Gillis/Frank.? Defendants were provided timesheets and responses to interrogatories.? Defendants have not shown that Ms. Cook?s deposition is crucial on the issue of lost wages or any other issue.
The court declines to award any sanctions for any of the motions.
Plaintiff shall give notice of the rulings.