Q: What is the most reasonable way for Plaintiff to handle this situation.
What is the most reasonable way for Plaintiff to handle this situation.
Discovery has been in a few iterations. The subject matter of the lawsuit is focused on events on admission and on discharge from hospital. This is when the chain of events that resulted in wrongdoing happened.
Plaintiff has to propound more discovery requests, before proceeding to compelling further discovery if it would be needed.
Based on current responses - disclosure of identities (protected info) will be needed, and privileged information.
In what steps:
next discovery requests by plaintiff, in parallel with motions for:
crucially needed court orders for disclosure of identities (private information), and privileged data in-camera review,
PRIOR to the potential need for motion to compel further discovery response;
must be approached?
A:
Based on the information provided and considering California law, here is a reasonable approach for the Plaintiff to handle this situation regarding discovery in the lawsuit:
1. Carefully review the responses received so far to determine what information is still needed to support the Plaintiff's case, focusing on the events during admission and discharge from the hospital.
2. Draft narrowly tailored discovery requests (e.g., interrogatories, requests for production, or requests for admission) to obtain the specific information needed, including the identities of relevant individuals and privileged information crucial to the case.
3. File a motion for a protective order under California Code of Civil Procedure (CCP) § 2031.060 to request that the court allow the disclosure of the protected private information (identities) necessary for the case while ensuring confidentiality.
4. Simultaneously, file a motion under CCP § 2025.420 requesting an in-camera review of the privileged information by the court to determine its relevance and admissibility in the case.
5. If the court grants the motions and orders the disclosure of identities and the in-camera review of privileged information, review the information received to determine if it satisfies the Plaintiff's discovery needs.
6. If the information is insufficient or the Defendant fails to comply with the court orders, the Plaintiff can then file a motion to compel further discovery responses under CCP § 2031.310, arguing that the responses are inadequate and that the court should compel the Defendant to provide the necessary information.
7. Continue to engage in meet and confer discussions with the Defendant's counsel as required by California law to attempt to resolve any discovery disputes before filing motions with the court.
By following these steps, the Plaintiff can attempt to obtain the necessary information through discovery while minimizing the need for court intervention. However, if the Defendant fails to comply or the information remains insufficient, the Plaintiff will have laid the groundwork for filing a motion to compel further discovery responses.
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