2017-00224053-CU-PA

Brian Jonathan Moock vs. Wheels, Inc.

Nature of Proceeding: Motion to Compel Special Interrogatories, Set Two

Filed By: Sigel, Jason J.

Plaintiff’s Motion to Compel Further Responses to Special Interrogatories Nos. 47, 48, and 49 is granted.

This action arises out of a rear-end automobile accident. Plaintiffs special interrogatories ask for facts, witnesses, and documents to support defendant’s contention that the vehicle driven by plaintiff was too close to the car in front of him at the time defendants’ vehicle rear-ended plaintiff.

Defendant objected, stating the discovery sought attorney client privileged information as well as work-product, and sought premature expert opinion and legal opinion. Defendant then provided substantive responses that identified some facts, witnesses, and writings. Defendant later served further responses as an exhibit to counsel’s declaration stating that no further information can be provided. The further responses were not verified. Plaintiff is concerned that because defendant has not removed the objections, there may be other facts and witnesses that are not disclosed due to the presence of the objections.

The assertion of the attorney-client and work-product privileges cannot serve to hide facts, the identity of witnesses with knowledge of those facts, or the identity of documents containing such facts from an opponent. State Farm Fire & Casualty v Superior Court (1997) 54 Cal.App. 4th 625, 639-640. Aerojet-General Corp. v Transp. Indem. Ins. (1993) 18 Cal.App.4th 996, 1004.

The Court overrules the objections asserted in the responses. To the extent any attorney-client privilege is asserted, the defendant shall serve an appropriate privilege log at the time of the further responses.

Defendant Laboratory Corporation is ordered to serve verified further responses to the special interrogatories, without objections, on or before January 11, 2018.

Sanctions are ordered to be paid by defendant to plaintiff in the reasonable amount of $760 pursuant to CCP 2031.310(h).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.