2017-00209017-CU-OE

Pamela Yang vs. State of Ca. Department of Motor Vehicles

Nature of Proceeding: Motion to Compel Plaintiff to Answer Deposition Questions

Filed By: Harlan, Julie L.

Defendant California Department of Motor Vehicles’ Motion to Compel Plaintiff to Answer Deposition Questions is DENIED.

In this employment action, plaintiff’s First Amended Complaint alleges seven causes of action: for Retaliation: Gov. Code, § 12940, subd.(h); Failure to Prevent Discrimination

& Retaliation: Gov. Code, § 12940, subd.(k); Disability Discrimination: Gov. Code, 12940, subd. (a); Sexual Orientation Discrimination: Gov. Code, § 12940, subd. (a); Violation of Lab. Code, § 1102.5, subds. (b) & (c); Violation of Gov. Code, § 8547; and unpaid wages.

One of the issues in the action is whether plaintiff was entitled to work flextime or any alternative work schedule.

California DMV moves to compel plaintiff to answer 10 deposition questions. Each of the 10 questions is directed to the same issue: plaintiff’s understanding of her work hours on Nov. 9, 2015.

Plaintiff’s counsel objected to the deposition questions on the grounds that they call for speculation, vague and ambiguous, irrelevant, asked and answered, argumentative and harassing. Plaintiff gave an answer to each question.

Plaintiff’s counsel now withdraws all objections, except for harassment, as the same question has been asked in multiple forms (Requests for Admissions, Interrogatories, and Deposition) yet counsel for the DMV continues to ask the same question, to clarify plaintiff’s subjective understanding of her work hours on Nov. 9, 2015.

It appears to the Court that the plaintiff has answered the questions posed. The Court will not order plaintiff to provide only a “yes” or “no” answer.

The Court does not concur with moving counsel that the plaintiff’s counsel was coaching the plaintiff.

The cross-requests for imposition of sanctions are denied.

The Court no longer maintains hardcopy files, nor does it download data from USB drives. If plaintiff’s counsel wishes the return of her drive, she shall pick it up from the Clerk in Dept. 53 forthwith.