Q: Shall Motion for Protective Order include references to operational complaint?

A: Under California law, a motion for a protective order does not necessarily need to include references to the operative complaint, but it can be helpful to provide context and support for the motion.

When filing a motion for a protective order to prevent the release of medical information, the primary focus should be on demonstrating why the requested information is not relevant to the case or why its disclosure would be unduly burdensome or invasive of privacy rights.

However, referencing the operative complaint can be useful in a few ways:

1. It can help establish the scope of the litigation and the relevance (or lack thereof) of the requested medical information to the specific claims or defenses at issue.

2. It can provide context for the court to understand why the protective order is necessary and how the requested information is not material to the case.

3. If the complaint includes allegations related to the medical condition or treatment at issue, referencing those allegations can help demonstrate why the information should be protected or why its disclosure would be improper.

While not strictly required, including references to the operative complaint can strengthen the motion by providing a clearer picture of the dispute and the necessity for the protective order. Ultimately, the decision to include such references should be based on whether they support the arguments for the protective order and help the court understand the context of the request.