Q: what is the way to request court order, before privilege log is created?

A: Under California law, a hospital generally does not have an obligation to disclose contracts with hospital providers during discovery unless specifically requested and ordered by the court. These contracts may contain sensitive or privileged information, and the hospital may object to their disclosure on various grounds, such as confidentiality, trade secrets, or privacy.

To request a court order compelling the disclosure of these contracts before a privilege log is created, you can follow these steps:

1. File a motion to compel: Draft and file a motion to compel discovery, requesting the court to order the defendant hospital to disclose the contracts with the provider. In the motion, argue that the contracts are relevant to your case and that their disclosure is necessary for the fair adjudication of the matter.

2. Argue against the need for a privilege log: In your motion, assert that a privilege log is not necessary at this stage because the contracts are not presumptively privileged. Argue that the defendant hospital should not be allowed to delay the disclosure by first creating a privilege log, as this would unnecessarily prolong the discovery process.

3. Memorandum of points and authorities: Support your motion with a memorandum of points and authorities, outlining the legal basis for your request. Cite relevant California statutes, rules of civil procedure, and case law that support your position.

4. Declaration: Include a declaration from you or your attorney, stating the efforts made to obtain the contracts through normal discovery channels and any responses or objections received from the defendant hospital.

5. Proposed order: Include a proposed order for the court to sign, granting your motion and compelling the defendant hospital to disclose the requested contracts within a specified timeframe, without the need for a privilege log.

6. Hearing: The court may set a hearing date for your motion. Be prepared to argue your position and address any objections raised by the defendant hospital during the hearing.

If the court grants your motion, the defendant hospital will be required to disclose the contracts as ordered, without first creating a privilege log. However, if the court denies your motion, you may need to proceed with the standard discovery process, which may include the creation of a privilege log by the defendant hospital.

It is important to note that the court has discretion in deciding whether to grant or deny your motion, and the defendant hospital will have an opportunity to oppose your motion and present their arguments. Therefore, it is crucial to present a strong legal basis for your request and to consult with an experienced California attorney who can help you navigate the specific requirements and procedures for filing a motion to compel discovery in your case.