Case Number: BC632356 Hearing Date: July 23, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR PROTECTIVE ORDER; MOTION GRANTED, IN PART

On August 30, 2016, Plaintiff Maria Guadalupe Medina (“Plaintiff”) filed this action against Defendant Toofer Enterprises, Inc. dba Dollar Max (“Defendant”) for general negligence and premises liability relating to a slip and fall incident. Defendant seeks to depose Plaintiff’s minor son, Allen Mendoza (“Allen”), and Plaintiff seeks a protective order setting parameters for the deposition.

“Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code of Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect a party or deponent from unwanted annoyance, embarrassment, or oppression, or undue burden and expense, including directing that the deposition not be taken at all. (Code of Civ. Proc., § 2025.420, subd. (b)(1).)

Allen was 10 years old at the time of the incident and is currently 12 years old. He did not witness the actual fall, but observed the immediate aftermath and was present to see Plaintiff on the floor. Plaintiff is concerned the deposition of her son will cause him to relive the event, especially his observation of her injured on the floor. She requests that reasonable conditions be imposed. (Declaration of Maria Guadalupe Medina, ¶ 4.)

Plaintiff proposes that: (1) the deposition last 30 minutes; (2) topics be limited to what the minor observed generally at the store; (3) no inquiry into Plaintiff’s ongoing injuries or relationship with Plaintiff; and (4) no leading questions. (Declaration of Sean F. Salamati, ¶ 5.)

Defense counsel proposes: (1) a 2-hour deposition; (2) at any time of day so as not to conflict with Allen’s school and activities; (3) at any location where Allen would be the most comfortable; (4) limiting the questions to his recollection of the incident (without showing him pictures or videos), how his mother’s injuries have affected his activities of daily living, and how this incident has affected his life; and (5) counsel will not ask any questions which might reasonably expect to cause trauma. (Declaration of Diana G. Meekay, ¶ 6.)

The Court finds there is good cause to place conditions on Allen’s deposition in order to prevent trauma and due to the fact that he did not witness Plaintiff’s fall. The Motion for protective order is GRANTED as follows:

(1) The deposition shall last no longer than 3 hours, including any breaks which should be at the request of Allen;

(2) The deposition shall take place at a time and location convenient and comfortable for Allen; and

(3) Questioning will be limited to general and open-ended questions regarding his observations of the incident, including the aftermath up to the time Plaintiff was met by the ambulance staff.

Questions regarding Plaintiff’s injuries, their impact on her daily activities and how these have affected his relationship with Plaintiff are not permitted. A general question as to whether Plaintiff was able to engage in some activity with him in which she is not able to engage in since the accident would be permissible.

Moving party to give notice.