Motion to Compel

Cal. Super. - 2nd Dist.May 17, 2019

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Ronda McKaig COUNTY OF VENTURA VENTURA DATE: 08/27/2021 DEPT: 41 CLERK: Kim Goodman REPORTER/ERM: None CASE NO: 56-2019-00528503-CU-PO-VTA CASE TITLE: Lange vs Epiphany Care Homes CASE CATEGORY: Civil - Unlimited CASE TYPE: PI/PD/WD - Other EVENT TYPE: Motion to Compel Further Responses of Defendant, Epiphany Care Homes Inc to Plaintiff's Special Interrogatories, Set No. One MOVING PARTY: Amy Susanne Lange by and through her successor in interest Virgil Lange CAUSAL DOCUMENT/DATE FILED: Motion to Compel Further Responses of Defendant, Epiphany Care Homes Inc to Plaintiff's Special Interrogatories, Set No. One, and for Monetary Sanctions; Declaration of Christoph T. Nettesheim Esq. in Support Thereof, 07/29/2021 STOLO APPEARANCES STOLO Christoph T. Nettesheim, counsel, present for Plaintiff(s) telephonically. Dana A Garber, counsel, present for Defendant(s) telephonically. David Kremenetsky, counsel, present for Defendant(s). Stolo At 8:34 a.m., court convenes in this matter with all parties present as previously indicated. Counsel have received and read the court's written tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: Matter is taken under submission. Re: Plaintiffs Amy Lange and Virgil Lange's Motion to Compel Further Responses to Special Interrogatories Propounded Upon Defendant Epiphany Care Homes, Inc. (Opposed) Having taken the matter under submission, the Court now rules as follows: The Court DENIES the motion in part and GRANTS the motion in part, as set forth below: Special Interrogatory No. 1: Defendant is ordered to provide a further response to special interrogatory no. 1 that includes the following information for each individual previously identified in response to this interrogatory: whether the individual is a current or former employee of Defendant, the job title currently held by the individual if currently employed or last held by the individual if formerly employed, and the definition for any acronyms used in connect with an individual's job title. Plaintiff did not establish entitlement to the additional relief requested. Because Defendant's counsel represents all individuals identified in response to this interrogatory, no additional contact information needs to be provided. To the extent defense counsel has not obtained consent from individuals that defense counsel may represent them, the contact information of those individuals must be provided by September 10, 2021. VEN-FNR-10.03 MINUTE ORDER DATE: 08/27/2021 Page 1 DEPT: 41 CASE TITLE: Lange vs Epiphany Care Homes CASE NO: 56-2019-00528503-CU-PO-VTA Special Interrogatory No. 15: Defendant is ordered to provide a further response to special interrogatory no. 15 that includes contact information for Carole Scott, Physical Therapist, full job titles (no acronyms) for all individuals previously identified in response to this request. Plaintiff did not establish entitlement to the additional relief requested. Special Interrogatory Nos. 21-24: The motion to compel is denied as to these interrogatories. Plaintiff did not establish that the purported relevance of this information is outweighed by the privacy interests of the other residents and their family members, and Plaintiff has not proposed a less intrusive way to obtain the requested information. Special Interrogatory Nos. 44, 57, 58, 59, 65-68: Defendant is ordered to provide further responses to these interrogatories that include full job titles (no acronyms) of each individual previously identified in response to these requests. Plaintiff did not establish entitlement to the additional relief requested. The Court does not find sanctions appropriate. Defendant's further responses are due by September 10, 2021. Notice to be given by the clerk. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 08/27/2021 Page 2 DEPT: 41