Case Number: EC067593 Hearing Date: June 08, 2018 Dept: NCE

18. Ronkin v. Hathaway-Sycamores Child and Family Service.

a. Motion to Compel Further Responses to Form Interrogatories and Special Interrogatories.

Plaintiff’s Motion to Compel Further Responses from Defendant Hathaway-Sycamores Child and Family Services, Inc. (“H-S”) to Form Interrogatories Set One, and Special Interrogatories, Set One, is granted in part.

Defendant H-S is ordered to serve a further response to Form Interrogatory No. 1.1, without objection, which response shall provide all information requested. Defendant H-S is ordered to serve a further response to Form Interrogatory No. 12.1, and Special InterrogatoriesNos.1, 3, 5, 6, 17, 22, 23, 24, 25, 26, 27, 30, 31, 32 and 33 without objection, which provide all information requested, including the contact information for all identified witnesses, except as to current employees of defendant, based on counsel for defendant’s H-S’s representation that it is authorized to accept deposition and trial subpoenas for all witnesses listed as current employees of H-S. However, should any of such current employees separate from employment with defendant H-S , counsel for defendant must advise plaintiff’s counsel of the employees full name, last known residence and telephone numbers for such person within 21 days of the witness’ separation from employment. Further responses are not to invoke CCP Sec. 2030.230. Further responses are to be served within ten days. Defendant is ordered to answer Special Interrogatories Nos. 36-40 within ten days of defendant’s receipt of a signed declaration in support of additional discovery.

Counsel for plaintiff is cautioned that any further discovery motions must be accompanied by a separate statement which strictly complies with CRC Rule 3.1345. The court does not find acceptable a statement of the factual and legal reasons for compelling further responses, a statement incorporating by reference all arguments previously set forth above, particularly when all previous arguments do not apply to each successive discovery request.

Monetary sanctions in the amount of $2,500 are awarded against defendant H-S and defendant’s attorney of record, jointly and severally, payable within 30 days. CCP Sections 2030.300(d), 2023.010(f) and 2023.030 (a).

Motion to Compel Further Responses and Actual Production from defendant H-S to Request for Identification and Request for Production of Documents, Set One, is granted in part.

Defendant H-S is ordered to serve a further response to Document Request No. 1 which provides all information requested, without objection, and to permit inspection of the entire policies identified within 10 days. Defendant is further ordered to serve further complete responses. Document Requests Nos. 2, 3, 4, 7, 38, 41, which provide all information requested, and inspection is to be permitted of all responsive documents within 10 days. Specifically, defendant’s further responses must fully comply with CCP 2013.220, including for each request a statement that defendant will comply with the particular demand, including a statement that the production, inspection, and related activity demanded will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of defendant and to which no objection is being made will be included in the production. Defendant may redact the names and identifiers of third party patients. Further responses are to be made without objection, which the court has considered and finds to be without merit, and are overruled. The responses are not to refer to any other discovery responses, or to indicate that information is equally available to plaintiff. Defendant is ordered to serve further responses to Requests Nos. 28, 29, 30, 31, 32, 35, 36, 40, 42, 45, 48, 49, 50, without objections, which fully comply with the code and which provide complete documents. As to family council minutes and surveys of residents, the names of third parties other than plaintiff may be redacted.

Defendant is further ordered to serve further responses to Requests Nos. 33, 34, and 46, limited to personnel who treated or dealt with plaintiff only, and with names and identifiers redacted. The court has weighed the expectation of privacy in these kind of personnel records, and seriousness of the invasion, against the necessity for the information, which is directly relevant to plaintiff’s negligent hiring and training, and punitive damage/ratification claims and finds that limiting the discovery and redacting identifiers sufficiently addresses the privacy concerns.

Monetary sanctions in the amount of $2,500 are awarded against H-S and its attorney of record, jointly and severally, payable within 30 days. CCP Sections 2031.310(h), 2023.010(f), and 2023.030(a).