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1 ROB BONTA
Attorney General of Califomia
2 KRISTIN M . DAILY
Supervising Deputy Attorney General
3 JAMES F. CURRAN-
Deputy Attorney General NOV 0 7 2022
4 State Bar No. 142041
1300 1 Street, Suite 125 By:. E. Macdonald
5 P.O. Box 944255 Deputy Clerk
Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax: (916) 324-5567
7 E-mail: James.Curran(^doj.ca.gov
Attorneys for Defendanl
8 California Highway Palrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12
13
DAVID RIDGE, Case No. 34-2019-00265393
14
Plaintiff NOTICE OF MOTION AND MOTION
15 TO COMPEL FURTHER DEPOSITION
OF PLAINTIFF AND FOR SANCTIONS
16
Date: November 23, 2022
17 THE CALIFORNIA HIGHWAY PATROL; Time: 1:30 PM
and DOES 1-100, inclusive. Dept: 53
18 Judge: Hon. Richard K. Sueyoshi
Defendants. Reservation No.: 2690038
19 Trial Date: April 4, 2023
Action Filed: September 23, 2019
20
21 TO PLAINTIFF DAVID RIDGE AND HIS ATTORNEYS OF RECORD: YOU ARE
22 HEREBY NOTIFIED THAT on January 10, 2023, at 1:30 p.m. in Department 53, located in the
23 Hall of Justice at 813 6"' Street, Sacramento, California 95814, ofthe Sacramento Superior Court,
24 or via Zoom videoconference, Defendanl California Highway Patrol (CHP) will move for a court
25 order compelling the further deposition of Plaintiff David Ridge.
26
27
28
Notice of Motion and Motion to Compel pLiriher Deposition ofPlaintiff and for Sanctions (34-2019-00265393)
1 This motion is made on the following grounds:
2 I . Plaintiffs counsel stopped the third session of Plaintiff s deposition after four hours for
3 no good reason, and refuses to allow CHP's counsel to further depose Plaintiff, even though
4 CHP's counsel has yet to finish his questioning; ' i : ' ,i J ,
5 2. CHP should be allowed to depose Plaintiff about entries in the treatment records of
6 Marriage and Family Therapist Kay Williams, which records haveriotyet been produced in
l i t 1
7 response to CHP's subpoena, and which records are the subject of a motion, to be heard at the
8 same date and time as the present motion (though CHP will seek, ex parte, orders scheduling both
9 motions for hearing in November), to compel Plaintiffs signature on a release and to compel Ms.
10 Williams to comply with the subpoena seeking inspection and copying of her treatment records
11 on Plaintiff during the time period between January 1, 2018 and the present; • " ' i !•
12 3. Plaintiffs multiple workers' compensation claims concerning the physical problems that
13 led to his request for reasonable accommodation, and conceming emotional distress and alleged
14 post-traumatic stress from one or more violent confrontations'with suspects, have generated
15 hundreds of pages of medical and psychological treatment records. Deposing Plaintiff about the
16 history of the physical problems that led to his reasonable accommodation request, and about his
17 history of emotional distress, is CHP's right and has lengthened the deposition somewhat, but this
18 does not constitute grounds for Plaintiff to terminate the deposition. Additionally, Plaintiff
<•' \ • • ' . 'I. , '
19 pursued non-CHP employment during his disability retirement, from which he has now returned
20 to work as a CHP officer. CHP's counsel deposed Plaintiff about the jobs he held during that
21 period, and Plaintiff testified he suffered severe emotional distress during one of them: Plaintiff
22 testified he was sexually harassed and humiliated by the mayor of Medicine Bow, Wyoming,
23 where he had been hired to be the "town marshal."
24 4. The deposition questioning thus far has been normal, in good faith, respectful of
25 plaintiff; and has been neither repetitive nor harassing;
26 5. Plaintiffs unilateral and arbitrary attempt to shut the deposition down based on his
27 opinion it is taking too long is a bad-faith tactic that has caused CHP to have to file this motion.
28 CHP therefore will seeks sanctions pursuant to Code of Civil Procedure section 2023.010,
2
Notice of Motion and Motion to Compel Further Deposition of PlaintifT and for Sanctions (34-2019-00265393)
subdivisions (d) (failing to respond or to submit to an authorized method of discovery),
2 (e) (making, without substantial justification, an unmeritorious objection to discovery), (h).
3 (opposing unsuccessfully and without substantial justification, a motion to compel discovery, if
4 the court grants this motion), and (i) (failing to confer in a good faith attempt to resolve
5 informally any discovery dispute).
6 The motion will be based upon this notice, the attached memorandum of points and
7 authorities, the accompanying declaration of James F. Curran, and all evidence submitted, or that
8 will be submitted, to the Court, as well as such argument and evidence as may be permitted at the
9 hearing, and the complete file in this case.
10 PLEASE TAKE FURTHER NOTICE THAT pursuant to Local Rule 1.06(A), the
11 court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day
12 before the hearing. The complete text of the tentative rulings for the department may be
13 downloaded off the court's website. If the party does not have online access, they may call
14 the dedicated phone number for the department as referenced in the local telephone
.15 directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing
16 and receive the tentative ruling. If you do not call the court and the opposing part}' by 4:00
17 p.m. the court day before the hearing, no hearing will be held
18 Dated: November 4, 2022 Respectfully submitted,
19 ROB BONTA
20 Attorney General of Califomia
KRISTIN M . DAILY
21 Supervising Deputy Attorney General
22
23
JAMES F. CURRAN
24 Deputy Attomey General
Allorneys for Defendanl
25 Califorma Highway Patrol
26
SA2019106238
27
28
Notice of Motion and Motion to Compel Funher Deposition ofPlaintiff and for Sanctions (34-2019-00265393)
DECLARATION OF SERVICE BY E-MAIL and U.S. Mail
Case Name: David Ridge v. CHP
No.: 34-2019-00265393
1 declare:
1 am employed in the Office of the Attorney General, which is the office of a member of the
Califomia State Bar, at which member's direction this service is made. 1 am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence fbr mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On November 4. 2022.1 served the attached NOTICE OF MOTION AND MOTION TO
COMPEL FURTHER DEPOSITION OF PLAINTIFF AND FOR SANCTIONS by
transmitting a true copy via electronic mail. In addition, 1 placed a true copy thereof enclosed in
a sealed envelope, in the internal mail system ofthe Office of the Attorney General, addressed as
follows:
John P. Briscoe
Mayall Hurley P.C.
E-mail Address:
ibriscoe(g),mavallaw.com
lriley@mavallaw.com
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on November
4, 2022, at Sacramento, Califomia.
Christopher R. Irby S/ Chrislopher R. Irby
Declarant Signature
SA2019106238
36691261 doc,\
Preview
1 ROB BONTA Attorney General of Califomia 2 KRISTIN M . DAILY Supervising Deputy Attorney General 3 JAMES F. CURRAN- Deputy Attorney General NOV 0 7 2022 4 State Bar No. 142041 1300 1 Street, Suite 125 By:. E. Macdonald 5 P.O. Box 944255 Deputy Clerk Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax: (916) 324-5567 7 E-mail: James.Curran(^doj.ca.gov Attorneys for Defendanl 8 California Highway Palrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff NOTICE OF MOTION AND MOTION 15 TO COMPEL FURTHER DEPOSITION OF PLAINTIFF AND FOR SANCTIONS 16 Date: November 23, 2022 17 THE CALIFORNIA HIGHWAY PATROL; Time: 1:30 PM and DOES 1-100, inclusive. Dept: 53 18 Judge: Hon. Richard K. Sueyoshi Defendants. Reservation No.: 2690038 19 Trial Date: April 4, 2023 Action Filed: September 23, 2019 20 21 TO PLAINTIFF DAVID RIDGE AND HIS ATTORNEYS OF RECORD: YOU ARE 22 HEREBY NOTIFIED THAT on January 10, 2023, at 1:30 p.m. in Department 53, located in the 23 Hall of Justice at 813 6"' Street, Sacramento, California 95814, ofthe Sacramento Superior Court, 24 or via Zoom videoconference, Defendanl California Highway Patrol (CHP) will move for a court 25 order compelling the further deposition of Plaintiff David Ridge. 26 27 28 Notice of Motion and Motion to Compel pLiriher Deposition ofPlaintiff and for Sanctions (34-2019-00265393) 1 This motion is made on the following grounds: 2 I . Plaintiffs counsel stopped the third session of Plaintiff s deposition after four hours for 3 no good reason, and refuses to allow CHP's counsel to further depose Plaintiff, even though 4 CHP's counsel has yet to finish his questioning; ' i : ' ,i J , 5 2. CHP should be allowed to depose Plaintiff about entries in the treatment records of 6 Marriage and Family Therapist Kay Williams, which records haveriotyet been produced in l i t 1 7 response to CHP's subpoena, and which records are the subject of a motion, to be heard at the 8 same date and time as the present motion (though CHP will seek, ex parte, orders scheduling both 9 motions for hearing in November), to compel Plaintiffs signature on a release and to compel Ms. 10 Williams to comply with the subpoena seeking inspection and copying of her treatment records 11 on Plaintiff during the time period between January 1, 2018 and the present; • " ' i !• 12 3. Plaintiffs multiple workers' compensation claims concerning the physical problems that 13 led to his request for reasonable accommodation, and conceming emotional distress and alleged 14 post-traumatic stress from one or more violent confrontations'with suspects, have generated 15 hundreds of pages of medical and psychological treatment records. Deposing Plaintiff about the 16 history of the physical problems that led to his reasonable accommodation request, and about his 17 history of emotional distress, is CHP's right and has lengthened the deposition somewhat, but this 18 does not constitute grounds for Plaintiff to terminate the deposition. Additionally, Plaintiff <•' \ • • ' . 'I. , ' 19 pursued non-CHP employment during his disability retirement, from which he has now returned 20 to work as a CHP officer. CHP's counsel deposed Plaintiff about the jobs he held during that 21 period, and Plaintiff testified he suffered severe emotional distress during one of them: Plaintiff 22 testified he was sexually harassed and humiliated by the mayor of Medicine Bow, Wyoming, 23 where he had been hired to be the "town marshal." 24 4. The deposition questioning thus far has been normal, in good faith, respectful of 25 plaintiff; and has been neither repetitive nor harassing; 26 5. Plaintiffs unilateral and arbitrary attempt to shut the deposition down based on his 27 opinion it is taking too long is a bad-faith tactic that has caused CHP to have to file this motion. 28 CHP therefore will seeks sanctions pursuant to Code of Civil Procedure section 2023.010, 2 Notice of Motion and Motion to Compel Further Deposition of PlaintifT and for Sanctions (34-2019-00265393) subdivisions (d) (failing to respond or to submit to an authorized method of discovery), 2 (e) (making, without substantial justification, an unmeritorious objection to discovery), (h). 3 (opposing unsuccessfully and without substantial justification, a motion to compel discovery, if 4 the court grants this motion), and (i) (failing to confer in a good faith attempt to resolve 5 informally any discovery dispute). 6 The motion will be based upon this notice, the attached memorandum of points and 7 authorities, the accompanying declaration of James F. Curran, and all evidence submitted, or that 8 will be submitted, to the Court, as well as such argument and evidence as may be permitted at the 9 hearing, and the complete file in this case. 10 PLEASE TAKE FURTHER NOTICE THAT pursuant to Local Rule 1.06(A), the 11 court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day 12 before the hearing. The complete text of the tentative rulings for the department may be 13 downloaded off the court's website. If the party does not have online access, they may call 14 the dedicated phone number for the department as referenced in the local telephone .15 directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing 16 and receive the tentative ruling. If you do not call the court and the opposing part}' by 4:00 17 p.m. the court day before the hearing, no hearing will be held 18 Dated: November 4, 2022 Respectfully submitted, 19 ROB BONTA 20 Attorney General of Califomia KRISTIN M . DAILY 21 Supervising Deputy Attorney General 22 23 JAMES F. CURRAN 24 Deputy Attomey General Allorneys for Defendanl 25 Califorma Highway Patrol 26 SA2019106238 27 28 Notice of Motion and Motion to Compel Funher Deposition ofPlaintiff and for Sanctions (34-2019-00265393) DECLARATION OF SERVICE BY E-MAIL and U.S. Mail Case Name: David Ridge v. CHP No.: 34-2019-00265393 1 declare: 1 am employed in the Office of the Attorney General, which is the office of a member of the Califomia State Bar, at which member's direction this service is made. 1 am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence fbr mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On November 4. 2022.1 served the attached NOTICE OF MOTION AND MOTION TO COMPEL FURTHER DEPOSITION OF PLAINTIFF AND FOR SANCTIONS by transmitting a true copy via electronic mail. In addition, 1 placed a true copy thereof enclosed in a sealed envelope, in the internal mail system ofthe Office of the Attorney General, addressed as follows: John P. Briscoe Mayall Hurley P.C. E-mail Address: ibriscoe(g),mavallaw.com lriley@mavallaw.com I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on November 4, 2022, at Sacramento, Califomia. Christopher R. Irby S/ Chrislopher R. Irby Declarant Signature SA2019106238 36691261 doc,\