Discoverable data

Question

1. What statute or rule define  
that person's professional license ID, degree, dates of employment with hospital is discoverable? 
 
2. If interrogatory for such data is objected by defendant, and SI is not subject to privilege log; 
What plaintiff's steps should be pursuing information needed for prove? Info is in Defendant's possession.

James L. Arrasmith · Answer

The discoverability of a person's professional license ID, degree, and dates of employment with a hospital in California is governed by the California Code of Civil Procedure (CCP) and the California Evidence Code (EC). Here are the steps a plaintiff can take to pursue this information: 
 
1. Relevant statutes and rules: 
   - CCP § 2017.010 allows for broad discovery of any non-privileged matter that is relevant to the subject matter of the pending action. 
   - CCP § 2030.010 permits a party to propound interrogatories to another party. 
   - EC § 952 and § 954 define attorney-client privilege, which may be invoked to object to certain discovery requests. 
 
2. If the defendant objects to the interrogatory and the information is not subject to a privilege log: 
   a. Meet and Confer (CCP § 2016.040): The plaintiff should attempt to resolve the dispute informally with the defendant through a meet and confer process. 
    
   b. Motion to Compel (CCP § 2030.300): If the meet and confer is unsuccessful, the plaintiff can file a motion to compel responses to the interrogatories. The motion should argue that the requested information is relevant and not privileged. 
    
   c. Request for Production of Documents (CCP § 2031.010): The plaintiff can also serve a request for production of documents to obtain the relevant information, such as employment records or credentials. 
    
   d. Subpoena (CCP § 2020.010): If the information is in the possession of a third party (e.g., the hospital), the plaintiff can issue a subpoena to obtain the documents. 
    
   e. Depositions (CCP § 2025.010): The plaintiff may notice the deposition of the defendant or a person most knowledgeable (PMK) to obtain the information through oral testimony. 
 
3. If the defendant continues to object based on privilege, the plaintiff can: 
   - Challenge the privilege claim by arguing that the information is not actually privileged or that an exception applies (EC § 956-962). 
   - File a motion to compel a privilege log (CCP § 2031.240) to require the defendant to identify the withheld documents and the basis for the privilege claim. 
 
It is essential for the plaintiff to demonstrate the relevance of the requested information to the case and to be prepared to counter any objections raised by the defendant. Consulting with an experienced attorney specializing in legal malpractice and healthcare law can help navigate the discovery process and build a strong case.

Q: Discoverable data