Case Number: BC666196 Hearing Date: March 28, 2018 Dept: 92

MELVIN DE JESUS,

Plaintiff(s),

vs.

JACQUELINE HAYES, ET AL.,

Defendant(s).

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CASE NO: BC666196

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES

Dept. 92

1:30 p.m.

March 28, 2018

1. Background Facts

Plaintiff, Melvin De Jesus filed this action against Defendants, Jacqueline Hayes and Jeff M. Branion for damages arising out of an automobile accident.

2. Motion to Compel Further Responses

a. History of Discovery Dispute

Defendants propounded special interrogatories on Plaintiff on 8/29/17. Plaintiff served responses, which resulted in meet and confer efforts, including an informal discovery conference. The parties were able to resolve numerous issues, but issues concerning interrogatories 50 and 51 remain unresolved.

b. Merits

Interrogatories 50 and 51 seek identification of Plaintiff’s primary care physician for the past ten years and at the time of the accident. Plaintiff argues these interrogatories violate his right to privacy, and contends he has not treated with his primary care physician, in the past or present, for any condition relevant to his claims in this action.

Plaintiff fails to cite any authority supporting the position that identification of a primary care physician is subject to a right of privacy. All of the cited cases concern production of medical records, not mere identification of physician names. Defendant is entitled to verify Plaintiff’s assertion that none of his primary care physician’s records are relevant to the action with a properly tailored subpoena.

The motion to compel further responses is granted. Plaintiff is ordered to serve further responses, in full compliance with this order without objection, within ten days.

Defendant seeks sanctions of $4280. The Court denies sanctions as Plaintiff had a colorable argument in that there is apparently no authority on point.