2013-00142514-CU-PO

Roberto Abrussezze vs. Sacramento Housing & Redev Nature of Proceeding:    Motion to Compel Form Interrogatories, Deposition Testimony

Filed By:  Wolfe, David W.

Defendant Sacramento Housing and Redevelopment Authority’s motion to compel
further responses to Form Interrogatory No. 2.13 and to Compel Deposition Testimony
is GRANTED.

This is an action for negligence and premises liability arising from a fire which occurred
on February 15, 2013.  Plaintiff was staying at the property, Defendant owns and
manages the property.  Plaintiff alleges that the fire was caused by a defect in the
electrical system or other causes.  He further alleges that he did not cause or
contribute to the fire or injuries.

Defendant propounded Form Interrogatory No. 2.13 which asks whether Plaintiff or
any other person involved in the incident took drugs or other substances within 25
hours before the incident.  Defendant also took Plaintiff’s deposition and examined him
regarding whether he was under the influence of drugs before the fire.  During the
deposition, a medical record was introduced as an exhibit which showed that Plaintiff
informed the first responders that he had taken meth prior to the fire.

In response to the interrogatory and Defendant’s deposition questions, Plaintiff invoked
the 5th Amendment privilege against self-incrimination.

Defendant moves to compel on the grounds that Plaintiff has waived the privilege by
commencing the instant litigation and that he cannot meet his burden in demonstrating
that the privilege applies in this case because there is no real danger of incrimination.

In opposition, Plaintiff agrees that he will respond to the Interrogatory, without
objection, and appear for deposition to answer Defendants’ questions after the 1 year
statute of limitations has run for misdemeanor possession and/or drug.  The statute of
limitations will run on February 16, 2014.  No trial has been set.

In reply, Defendant agrees to Plaintiff’s solution

Accordingly, the motion is GRANTED.

Plaintiff shall serve verified written amended responses to Form Interrogatory No. 2.13,
without objections, by no later than February 17, 2014.

Plaintiff shall also appear at deposition and answer the questions as set forth in
Defendant’s separate statement, including reasonable follow-up questions.  The
deposition shall take place no later than February 17, 2014.  This date may be
extended by agreement of the parties.

Defendant’s request for terminating sanctions is denied, without prejudice.  If Plaintiff
fails to provide further responses or response to the deposition questions, Defendant
may bring a subsequent motion.

Defendant’s request for monetary sanctions is denied as it was requested on reply
rather than in the moving papers.