Lawzilla Additional Information:
It is our understanding the tentative ruling was adopted as the court’s final ruling. Defendant is represented by attorney Cyrus Tabari of Sheuerman Martini Tabari Zenere and Garvin.

17-CIV-02539 C.W. PETE WILLIAMS VS. SUTTER VISITING NURSE ASSOCIATION AND HOSPICE, ET AL.

C.W. PETE WILLIAMS SUTTER VISITING NURSE ASSOCIATION AND HOSPICE
INGRID EVANS CYRUS A. TABARI

MOTION TO COMPEL TENTATIVE RULING:

Plaintiff Pete Williams’ “Motion to Compel Responses in the Deposition of Karen Jones,” which seeks additional deposition time with defense witness Ms. Jones, and requests sanctions, is GRANTED-IN-PART and DENIED-IN-PART. Having reviewed the supporting Separate Statement and excerpts from the deposition transcript, and without revisiting each dispute that occurred on the record, the Court finds that defense counsel’s objections/behavior at the 4-18-18 deposition improperly impeded/obstructed permissible discovery. Plaintiff seeks to complete the 1 ½ hours of deposition time permitted by Code Civ. Proc. § 2025.290, but which has not yet been completed, plus one additional hour, for a total of 2 ½ additional hours. The Court finds this request is reasonable, and it is GRANTED. Counsel shall meet and confer in good faith to schedule a mutually agreeable time for the remaining 2 ½ hours of the deposition. Defense counsel is admonished to refrain from engaging in speaking objections. Instructions not to answer are improper unless the question involves privilege. Without addressing each “expert opinion” objection, the Court generally disagrees with Defendant’s objections/instructions not to answer based on purported expert opinion. Discovery rights are broad. Ms. Jones is a percipient witness and may be questioned about her job generally and the care provided to Plaintiff. Expert opinion objections to admissibility can be addressed by the Court at a future point in time. Where defense counsel believes a question is objectionable, he should state an objection on the record and then remain silent and allow the witness to respond. The witness can decide for herself whether she understands the question, and can seek clarification if needed. The defending attorney shall not “interpret” or paraphrase questions, or seek clarification. During a pending question, the witness and her counsel shall not engage in any discussion with one another.

The Court awards sanctions against Defendant in the amount of $2,500 for attorney’s fees and costs incurred in bringing this motion. Although Plaintiff has requested fees and costs in a much larger amount, the Court finds that request to be excessive.