Q: Inappropriate response for plaintiff's request for information. LA hospice fraud.
Can responses by defense 'defense will produce person for deposition' enforce on plaintiff deposing person? What statute defines that?
Why plaintiff can be forced to file additional motion for protective order?
Can plaintiff instead propound specific discovery request for specific data that identifies person.
A:
In a lawsuit involving an allegation of hospice fraud in Los Angeles, if the defense responds to a plaintiff's request for information by stating they "will produce a person for deposition," it does not automatically obligate the plaintiff to depose that person. The plaintiff has the right to seek information through various discovery methods, and depositions are just one of these methods.
1. Statute: There is no specific statute that forces the plaintiff to depose a person offered by the defense. The California Code of Civil Procedure (CCP) governs discovery in civil cases, and it allows parties to use different methods to obtain information, such as interrogatories, requests for production of documents, and depositions (CCP § 2017.010).
2. Protective order: If the plaintiff believes that the offered deposition is not appropriate or necessary, they may choose to file a motion for a protective order under CCP § 2025.420. This motion can be used to limit or prevent the deposition if the plaintiff can demonstrate good cause, such as the deposition being unduly burdensome, expensive, or harassing.
3. Propounding specific discovery requests: Instead of deposing the person offered by the defense, the plaintiff can propound specific discovery requests to obtain the information they need. This can include:
a. Interrogatories (CCP § 2030.010): Written questions that the defense must answer under oath.
b. Requests for production of documents (CCP § 2031.010): Requests for relevant documents, electronically stored information, or tangible things.
c. Requests for admission (CCP § 2033.010): Written requests asking the defense to admit the truth of certain facts or the genuineness of particular documents.
By using these discovery methods, the plaintiff can seek to identify the person mentioned by the defense and obtain specific information related to their hospice fraud allegation without being forced to depose the individual. The plaintiff should work with their attorney to determine the most appropriate discovery strategy for their case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
