Category Archives: San Mateo Superior Court Tentative Ruling

ADRIANA J. QUINTERO V STEVEN A. WEINKAUF protective order

18-CIV-05383 ADRIANA J. QUINTERO VS. STEVEN A. WEINKAUF, ET AL.

ADRIANA J QUINTERO STEVEN A. WEINKAUF
MICHAEL B. BASSI PRO/PER

ADRIANA J. QUINTERO’S MOTION FOR PROTECTIVE ORDER TENTATIVE RULING:

Plaintiff’s motion for protective order is denied.

1. Judicial estoppel does not apply. The estoppel pertains to “assertions” that are contrary to a position taken in a previous proceeding. (Jackson v. Cty. of Los Angeles (1997) 60 Cal. App. 4th 171, 181.) Discovery requests are not assertions.

2. The Declaration of Necessity accompanying the discovery requests complies with Code of Civ. Proc. Section 2030.050. The requests are numerous, but each one seeks specific relevant information.

3. Plaintiff contends that 12 requests for admissions and 23 special interrogatories duplicate previous requests. The Court is unable to evaluate this argument because Plaintiff has not provided the previous requests with the ones that are currently challenged, either as part of this motion or in her meet-and-confer letter of July 28, 2019.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.