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1 JOHN P. BRISCOE (SBN: 273690)
ibriscoe@niavallaw.com
2 MAY A L L H U R L E Y P.C. FILED/EMDORSED
2453 Grand Canal Boulevard
3
Stockton, California 95207-8253
Telephone: (209) 477-3833
OCT 1 9 2022
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Facsimile: (209) 473-4818 F Mardnnald
5 By: Deou'v Clerk
Attorneys for Plaintiff David Ridge
6
7 SUPERIOR COURT OF T H E STATE OF CALIFORNIA
8 IN AND FOR T H E COUNTY OF SACRAMENTO
9 DAVID RIDGE, an individual. Case No.: 34-2019-00265393
10
Plaintiff, MEMORANDUM OF POINTS AND
11 AUTHORITIES IN SUPPORT O F
vs. MOTION FOR P R O T E C T I V E ORDER
12 TERMINATING PLAINTIFF'S
T H E CALIFORNIA HIGHWAY PATROL; DEPOSITION
13 and DOES 1-100, inclusive.
14 Date: January 11, 2023
Defendants. Time: 1:30 p.m.
15 Dept.: 53
Res.: 2684748
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20 Plaintiff David Ridge ("Ridge") submits the following Memorandum of Points and
21 Authorities in Support of his Motion for Protective Order Terminating Plaintiffs Deposition.
22 I FACTUAL HISTORY AND SUMMARY OF MOTION
23 Defendant Califomia Highway Patrol ("Defendant") has already deposed Ridge over
24 three days, for nearly eighteen hours. In a relatively simple discrimination case such as this, that
25 should be more than enough time—and indeed it is. However, Defendant demands to continue
26 Ridge's deposition so it can continue to question him on, in notable part, the demise of his
27 marriage and his counseling sessions with his marriage and family therapist. For the reasons that
28 Memorandum of Pointj rities in Support of Motion for Protective Order Terminating Plaintiffs
Deposition
Page 1 •(
1 follow, and pursuant to Code of Civil Procedure section 2025.420, this Court should enter an
2 order, terminating the deposition so as to spare Ridge from unwarranted annoyance,
3 embarrassment, and oppression, as well as undue burden and expense.
4 In this matter. Ridge alleges that he was discriminated against on the basis of his physical
5 disability and denied reasonable accommodations. Accordingly, Ridge alleges, he was denied the
6 opportunity to eam overtime and was forced to retire medically, resulting in further economic
7 damages. This matter was filed in September 2019, but it was not until 2022 that Defendant
8 sought to depose Ridge.
9 On July 25, 2022—and subsequent to coordination between counsel—Defendant served
10 the Second Amended Notice of Deposition of David Ridge. (Declaration of John P. Briscoe
11 ["Briscoe Decl."], Exhibit A.) It was set forth in the notice that the deposition would last at least
12 two days. (M, t 2.)
13 Ridge's deposition commenced on August 7, 2022. Inclusive of recesses, it lasted about
14 7.5 hours. (Briscoe Decl., | 3, Exhibit B.) The deposition resumed on August 14, 2022 and also,
15 inclusive of recesses, lasted about 7.5 hours. (Id., 14, Exhibit C.)
16 On August 24, 2022, counsel for Defendant requested dates for a third session of Ridge's
17 deposition. Counsel for Ridge replied, pointed out that Ridge had already been deposed for about
18 fourteen hours, and asked which topics for examination remained and how long further
19 deposition would take. Mr. Curran replied: " I do not owe you a list of topics on which I will
20 question your client", and that he predicted he would need "one or two more sessions, depending
21 on a variety of factors." He also wrote that:
22 "Of course we will need to obtain Ms. Williams' records before the conclusion of
23 Officer Ridge's deposition, subject to the court's ruling on the motion to compel
24 your client to sign the authorization form,' because I will ask him about topics he
25
26
' Defendant previously moved this Court for an order compelling Ridge to authorize the release of records from his
27 marriage and family therapist, whom Ridge consulted for, in overwhelming part, marital issues. On September 26,
2022, the Court denied that motion.
28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs
Deposition
Page 2
1 discussed with Ms. Williams during their therapy sessions. Depositions lasting
2 three to six sessions, and sometimes more, are quite common in employment
3 cases, especially where, as here, communications about reasonable
4 accommodation and the medical history relevant to the plaintiffs impairments
5 span so many years."
6 (Briscoe Decl., Exhibit D.)
7 Counsel for Ridge responded that Ridge would sit for a resumed deposition, but for no
8 more than four hours; he also stated that it was hardly his experience that plaintiffs depositions
9 in discrimination cases (such as this) last up to six days. (Briscoe Decl., Exhibit D.)
10 On September 9, 2022, Defendant served the Notice of Continued Deposition of Plaintiff
11 David Ridge, which asserted Ridge would be deposed on both October 7 and 14, 2022 and
12 "continuing, if necessary, on subsequent dates." (Briscoe Decl., Exhibit E.) On September 30,
13 2022, Ridge served his Objection to Notice of Continued Deposition, which stated that Ridge
14 would submit to no more than four additional hours of deposition. (Id., Exhibit F.) Counsel for
15 Ridge later confirmed this to opposing counsel, stated his intention to file this motion after four
16 additional hours of questioning, and pointed out counsel's threat of sanctions "is not conducive
17 to resolving this dispute." {Id., Exhibit D.) Opposing counsel never provided any evidence or
18 authority for his proposition that six-day depositions were "quite common" in cases such as this,
19 nor did he call the undersigned (as invited) to meet and confer further. {Id., | 7.)
20 Ridge, as promised, appeared for deposition on October 7, 2022, and adjourned
21 proceedings after more than four hours of examination {excluding recesses) had elapsed.
22 (Briscoe Decl., \ 8, Exhibit G.)
23 II. LAW AND ARGUMENT
24 Code of Civil Procedure section 2025.420 provides that before, during, or after a
25 deposition, any party may promptly move for a protective order. Such an order may provide that
26 the deposition be terminated. (Code Civ. Proc, § 2025.420, subd. (b)(16).) A protective order
27 may be made so as to protect any party, deponent, or other natural person or organization "from
28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs
Deposition
Page 3
1 unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (Code
2 Civ. Proc, § 2025.420, subd. (b).) The moving party is required to submit a meet-and-confer
3 declaration (and such is submitted with this motion). (Code Civ. Proc, § 2025.420, subd. (a).)
4 Defendant has not demonstrated a compelling need to continue on with Ridge's
5 deposition, and it is apparent that further deposition would only cause Ridge unwarranted
6 embarrassment, oppression, and annoyance, as well as undue burden and expense. Typically, in
7 the undersigned's experience, the plaintiffs deposition in a case such as this is usually concluded
8 within one day, with a two-day deposition being the outlier. (Briscoe Decl., 9.) Defendant has
9 been afforded two-and-a-half days to take Ridge's deposition. It spent an inordinate amount of
10 time deposing Ridge on, inter alia, his marital problems and subsequent divorce, as well as his
11 relationships with his adult children,^ and has stated its continued intent to obtain Ridge's
12 records from his marriage and family therapist and question Ridge on the same. Defendant has
13 had an adequate opportunity to take a proper, focused, and efficient deposition on topics
14 relevant, and it is apparent that it wants to continue to obtain sordid details about the unraveling
15 of his marriage, his strained relationships with his adult children, etc. Defendant should not be
16 given such leeway.
17 III. CONCLUSION
18 Defendant has already been afforded a generous and adequate amount of time to take
19 Ridge's deposition. It has not demonstrated a compelling need to continue deposition, and to do
20 so (not least because it is clear that Defendant wants to continue prying into Ridge's private life)
21 would only cause unwarranted annoyance, embarrassment, and oppression, as well as undue
22 burden and expense. This Court should order that Ridge's deposition is deemed terminated.
23 ///
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27 • See, e.g., Briscoe Decl., Exhibit G (pp. 432-434, 456-466).
28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs
Deposition
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DATED: October 14, 2022 MAY ALL HURLEY P.C.
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3 By ^
JOHN P. BRISCOE
4 Attomeys for Plaintiff
5 DAVID RIDGE
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28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs
Deposition
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Ridge V. California Highv>ay Patrol, et al.
Sacramento County Superior Court Case No. 34-2019-00265393
PROOF OF SERVICE
2
I, the undersigned, certify and declare as follows:
3 I am over the age of eighteen years and not a party to this action. My business address is 2453
Grand Canal Boulevard, Stockton, Califomia 95207 that is located in the county where the mailing
4 and/or delivery below took place.
5 On October 14, 2022,1 served the following document:
6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR
PROTECTIVE ORDER TERMINATING PLAINTIFF'S DEPOSITION
7
addressed to:
8
James P. Curran
9 Deputy Attomey General
P.O. Box 944255
10 Sacramento, CA 94244-2550
James.Curran(a),doi .ca.gov
11 Christopher Irby
Christopher. irbv(a),doi .ca.gov
12
• BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: I am readily familiar with
13 the business practice at my place of business for collection and processing of correspondence for
mailing with the United States Postal Service. Correspondence so collected and processed is
14 deposited with the United States Postal Service that same day in the ordinary course of business.
On the date specified below, at my place of business at Stockton, Califomia a copy of the document
15 described above was placed for deposit in the United States Postal Service in a sealed envelope,
with postage fully prepaid addressed to the individuals and/or entities mentioned above; and that
16 envelope was placed for collection and mailing on that date following ordinary business practice.
17 0 BY EMAIL: In accordance with Code of Civil Procedure, Section 1010.6, on the date specified
below, I caused a copy of the document(s) described above to be sent to the person(s) at the e-mail
18 address(es) listed above. My business e-mail address is Irileyfgimavallaw.com. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication that the
19 transmission was unsuccessful.
20 I certify and declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
21
Executed on October 14, 2022, at Lodi, Califomia.
22
23
LINDSAY RILEY SHIELDS
24
25
26
27
PROOF OF SERVICE - I
28
Preview
1 JOHN P. BRISCOE (SBN: 273690) ibriscoe@niavallaw.com 2 MAY A L L H U R L E Y P.C. FILED/EMDORSED 2453 Grand Canal Boulevard 3 Stockton, California 95207-8253 Telephone: (209) 477-3833 OCT 1 9 2022 4 Facsimile: (209) 473-4818 F Mardnnald 5 By: Deou'v Clerk Attorneys for Plaintiff David Ridge 6 7 SUPERIOR COURT OF T H E STATE OF CALIFORNIA 8 IN AND FOR T H E COUNTY OF SACRAMENTO 9 DAVID RIDGE, an individual. Case No.: 34-2019-00265393 10 Plaintiff, MEMORANDUM OF POINTS AND 11 AUTHORITIES IN SUPPORT O F vs. MOTION FOR P R O T E C T I V E ORDER 12 TERMINATING PLAINTIFF'S T H E CALIFORNIA HIGHWAY PATROL; DEPOSITION 13 and DOES 1-100, inclusive. 14 Date: January 11, 2023 Defendants. Time: 1:30 p.m. 15 Dept.: 53 Res.: 2684748 16 17 18 19 20 Plaintiff David Ridge ("Ridge") submits the following Memorandum of Points and 21 Authorities in Support of his Motion for Protective Order Terminating Plaintiffs Deposition. 22 I FACTUAL HISTORY AND SUMMARY OF MOTION 23 Defendant Califomia Highway Patrol ("Defendant") has already deposed Ridge over 24 three days, for nearly eighteen hours. In a relatively simple discrimination case such as this, that 25 should be more than enough time—and indeed it is. However, Defendant demands to continue 26 Ridge's deposition so it can continue to question him on, in notable part, the demise of his 27 marriage and his counseling sessions with his marriage and family therapist. For the reasons that 28 Memorandum of Pointj rities in Support of Motion for Protective Order Terminating Plaintiffs Deposition Page 1 •( 1 follow, and pursuant to Code of Civil Procedure section 2025.420, this Court should enter an 2 order, terminating the deposition so as to spare Ridge from unwarranted annoyance, 3 embarrassment, and oppression, as well as undue burden and expense. 4 In this matter. Ridge alleges that he was discriminated against on the basis of his physical 5 disability and denied reasonable accommodations. Accordingly, Ridge alleges, he was denied the 6 opportunity to eam overtime and was forced to retire medically, resulting in further economic 7 damages. This matter was filed in September 2019, but it was not until 2022 that Defendant 8 sought to depose Ridge. 9 On July 25, 2022—and subsequent to coordination between counsel—Defendant served 10 the Second Amended Notice of Deposition of David Ridge. (Declaration of John P. Briscoe 11 ["Briscoe Decl."], Exhibit A.) It was set forth in the notice that the deposition would last at least 12 two days. (M, t 2.) 13 Ridge's deposition commenced on August 7, 2022. Inclusive of recesses, it lasted about 14 7.5 hours. (Briscoe Decl., | 3, Exhibit B.) The deposition resumed on August 14, 2022 and also, 15 inclusive of recesses, lasted about 7.5 hours. (Id., 14, Exhibit C.) 16 On August 24, 2022, counsel for Defendant requested dates for a third session of Ridge's 17 deposition. Counsel for Ridge replied, pointed out that Ridge had already been deposed for about 18 fourteen hours, and asked which topics for examination remained and how long further 19 deposition would take. Mr. Curran replied: " I do not owe you a list of topics on which I will 20 question your client", and that he predicted he would need "one or two more sessions, depending 21 on a variety of factors." He also wrote that: 22 "Of course we will need to obtain Ms. Williams' records before the conclusion of 23 Officer Ridge's deposition, subject to the court's ruling on the motion to compel 24 your client to sign the authorization form,' because I will ask him about topics he 25 26 ' Defendant previously moved this Court for an order compelling Ridge to authorize the release of records from his 27 marriage and family therapist, whom Ridge consulted for, in overwhelming part, marital issues. On September 26, 2022, the Court denied that motion. 28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs Deposition Page 2 1 discussed with Ms. Williams during their therapy sessions. Depositions lasting 2 three to six sessions, and sometimes more, are quite common in employment 3 cases, especially where, as here, communications about reasonable 4 accommodation and the medical history relevant to the plaintiffs impairments 5 span so many years." 6 (Briscoe Decl., Exhibit D.) 7 Counsel for Ridge responded that Ridge would sit for a resumed deposition, but for no 8 more than four hours; he also stated that it was hardly his experience that plaintiffs depositions 9 in discrimination cases (such as this) last up to six days. (Briscoe Decl., Exhibit D.) 10 On September 9, 2022, Defendant served the Notice of Continued Deposition of Plaintiff 11 David Ridge, which asserted Ridge would be deposed on both October 7 and 14, 2022 and 12 "continuing, if necessary, on subsequent dates." (Briscoe Decl., Exhibit E.) On September 30, 13 2022, Ridge served his Objection to Notice of Continued Deposition, which stated that Ridge 14 would submit to no more than four additional hours of deposition. (Id., Exhibit F.) Counsel for 15 Ridge later confirmed this to opposing counsel, stated his intention to file this motion after four 16 additional hours of questioning, and pointed out counsel's threat of sanctions "is not conducive 17 to resolving this dispute." {Id., Exhibit D.) Opposing counsel never provided any evidence or 18 authority for his proposition that six-day depositions were "quite common" in cases such as this, 19 nor did he call the undersigned (as invited) to meet and confer further. {Id., | 7.) 20 Ridge, as promised, appeared for deposition on October 7, 2022, and adjourned 21 proceedings after more than four hours of examination {excluding recesses) had elapsed. 22 (Briscoe Decl., \ 8, Exhibit G.) 23 II. LAW AND ARGUMENT 24 Code of Civil Procedure section 2025.420 provides that before, during, or after a 25 deposition, any party may promptly move for a protective order. Such an order may provide that 26 the deposition be terminated. (Code Civ. Proc, § 2025.420, subd. (b)(16).) A protective order 27 may be made so as to protect any party, deponent, or other natural person or organization "from 28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs Deposition Page 3 1 unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." (Code 2 Civ. Proc, § 2025.420, subd. (b).) The moving party is required to submit a meet-and-confer 3 declaration (and such is submitted with this motion). (Code Civ. Proc, § 2025.420, subd. (a).) 4 Defendant has not demonstrated a compelling need to continue on with Ridge's 5 deposition, and it is apparent that further deposition would only cause Ridge unwarranted 6 embarrassment, oppression, and annoyance, as well as undue burden and expense. Typically, in 7 the undersigned's experience, the plaintiffs deposition in a case such as this is usually concluded 8 within one day, with a two-day deposition being the outlier. (Briscoe Decl., 9.) Defendant has 9 been afforded two-and-a-half days to take Ridge's deposition. It spent an inordinate amount of 10 time deposing Ridge on, inter alia, his marital problems and subsequent divorce, as well as his 11 relationships with his adult children,^ and has stated its continued intent to obtain Ridge's 12 records from his marriage and family therapist and question Ridge on the same. Defendant has 13 had an adequate opportunity to take a proper, focused, and efficient deposition on topics 14 relevant, and it is apparent that it wants to continue to obtain sordid details about the unraveling 15 of his marriage, his strained relationships with his adult children, etc. Defendant should not be 16 given such leeway. 17 III. CONCLUSION 18 Defendant has already been afforded a generous and adequate amount of time to take 19 Ridge's deposition. It has not demonstrated a compelling need to continue deposition, and to do 20 so (not least because it is clear that Defendant wants to continue prying into Ridge's private life) 21 would only cause unwarranted annoyance, embarrassment, and oppression, as well as undue 22 burden and expense. This Court should order that Ridge's deposition is deemed terminated. 23 /// 24 /// 25 26 27 • See, e.g., Briscoe Decl., Exhibit G (pp. 432-434, 456-466). 28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs Deposition Page 4 DATED: October 14, 2022 MAY ALL HURLEY P.C. 2 3 By ^ JOHN P. BRISCOE 4 Attomeys for Plaintiff 5 DAVID RIDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Memorandum of Points and Authorities in Support of Motion for Protective Order Terminating Plaintiffs Deposition Page 5 Ridge V. California Highv>ay Patrol, et al. Sacramento County Superior Court Case No. 34-2019-00265393 PROOF OF SERVICE 2 I, the undersigned, certify and declare as follows: 3 I am over the age of eighteen years and not a party to this action. My business address is 2453 Grand Canal Boulevard, Stockton, Califomia 95207 that is located in the county where the mailing 4 and/or delivery below took place. 5 On October 14, 2022,1 served the following document: 6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PROTECTIVE ORDER TERMINATING PLAINTIFF'S DEPOSITION 7 addressed to: 8 James P. Curran 9 Deputy Attomey General P.O. Box 944255 10 Sacramento, CA 94244-2550 James.Curran(a),doi .ca.gov 11 Christopher Irby Christopher. irbv(a),doi .ca.gov 12 • BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: I am readily familiar with 13 the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is 14 deposited with the United States Postal Service that same day in the ordinary course of business. On the date specified below, at my place of business at Stockton, Califomia a copy of the document 15 described above was placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid addressed to the individuals and/or entities mentioned above; and that 16 envelope was placed for collection and mailing on that date following ordinary business practice. 17 0 BY EMAIL: In accordance with Code of Civil Procedure, Section 1010.6, on the date specified below, I caused a copy of the document(s) described above to be sent to the person(s) at the e-mail 18 address(es) listed above. My business e-mail address is Irileyfgimavallaw.com. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the 19 transmission was unsuccessful. 20 I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 Executed on October 14, 2022, at Lodi, Califomia. 22 23 LINDSAY RILEY SHIELDS 24 25 26 27 PROOF OF SERVICE - I 28