Party Discovery: ROBLES -v- HIMNEL USA INCORPORATED et al Print

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                                Elyza P. Heraldez, Esq. (State Bar No. 293395)   ELECTRONICALLY FILED
     HERALDEZ LAW PC                                  SUPERIOR COURT OF CALIFORNIA
     7349 Milliken Avenue, Ste. 1404                  COUNTY OF SAN BERNARDINO
     Rancho Cucamonga, CA 91730                       SAN BERNARDINO DISTRICT
     Office: (909) 942-9992
     Email: Elyza.Heraldez@Heraldezlaw.com
                                                      12/4/2023 4:07   PM
                                                      By:   Jasmine Bolanos,   DEPUTY
     Attorneys for   Plaintiff,
     YESENIA ROBLES




                                  SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                     FOR THE COUNTY OF SAN BERNARDINO
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11   YESENIA ROBLES,                                    CASE NO.: CIVSB2314929
12                    Plaintiff,                        [Assigned for all purposes to the Hon. Khymberli
                                                        Apaloo, Dpt. $25]
13          vs.
                                                        SEPARATE STATEMENT IN SUPPORT OF
14   HIMNEL USA INCORPORATED, a California              MOTION AND MOTION TO COMPEL
     Corporation, HIMNEL USA INCORPORATED               FURTHER RESPONSES TO EMPLOYMENT
15   DBA ST. MARY’S MONTESSORI SCHOOL, a                FORM INTERROGATORIES, SET ONE AND
     California Corporation, and DOES 1-20,             REQUEST FOR PRODUCTION OF
16   Inclusive,                                         DOCUMENTS, SET ONE
17                    Defendants.                          [Filed concurrently with Notice of Motion   and
                                                        Motion  Compel Further Responses t0
                                                                  to
18                                                      Employment Form Interrogatories, Set One and
                                                        Request For Production Of Documents, Set One;
19                                                      Declaration of Elyza P. Heraldez; and [proposed]
                                                        Order on Motion to Compel Further Discovery
20                                                      Responses]

21                                                      Hearing Date: February 14, 2024
                                                        Time: 8:30 a.m.
22                                                      Location: Department $28


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                                                        Complaint filed: July 5, 2023
24                                                      Discovery Cutoff: None Set
                                                        Trail Date:    None   Set
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       SEPARATE STATEMENT IN SUPPORT OF MOTION AND MOTION TO COMPEL FURTHER
      RESPONSES TO EMPLOYMENT FORM INTERROGATORIES, SET ONE AND REQUEST FOR
                        PRODUCTION OF DOCUMENTS, SET ONE
            Pursuant to California Rules of Court, rule 3.1345, Plaintiff Yesenia Robles submits this Separate

     Statement of Discovery Items in Dispute in support of Plaintiff’ s Motion t0 Compel Further Discovery

     Responses       t0   Form    Interrogatories, Set       One, and Request for Production 0f Documents, Set One.

                                                     DISCOVERY ITEMS IN DISPUTE
     EMPLOYMENT FORM INTERROGATORIES, SET 1
     Interrogatorv N0. 206.3

                State the       name and       ADDRESS       of the recipient and the substance 0f each post            TERMINATION
     statement    PUBLISHED               about   EMPLOYEE by any agent or employee of EMPLOYER.
     Response        t0 Interrogatorv           No. 206.3

10          Identities          and contact information of parents, guardians, and students 0f the school                  is   confidential

11   information which can only be produced subject to a stipulated protective order.

12   Reason     t0   Compel Further Response                 to Interrogatorv           N0. 206.3

13          Responding Pary’s refusal                 to   respond to    this Interrogatory absent a protective order is             improper.

14   Each interrogatory response must be                     as complete as the information available allows.                   Where      the


15   interrogatory        is clear,     an evasive response     is   improper. (Cal. CiV. Proc.        Code   § 2030.220(a), (b);     Deyo   v.



16   Kilboume (1978) 84                Cal.   App. 3d 771, 783.)

17          Further,         Code of          Civil Procedure section 2017.010 specifically allows for the discovery 0f the


18   identity   and location 0f potential Witnesses. (Code CiV. Proc.,                       §   2017.010; see also Williams    v.   Superior

19   Court (2017) 3 Ca1.5th 531, 552 [compelling disclosure 0f contact information of potentially thousands

20   0f employees, reasoning that “contact information                        is   reasonably understood as a legitimate ‘starting point

21   for further investigations’ through               Which a       plaintiff     may   ‘educate [himself 0r herself] concerning [the

22   parties’] claims        and defenses.” (Citing Puerto               v.   Superior Court (2009) 158 Ca1.App.4th 1242, 1250,

23   1249); People         v.   Dixon (2007) 148 Cal.App.4th 414, 443 [“disclosure 0f the names and addresses 0f

24   potential witnesses          is   a routine and essential part 0f pretrial discovery”].)

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        SEPARATE STATEMENT IN SUPPORT OF MOTION AND MOTION TO COMPEL FURTHER
       RESPONSES TO EMPLOYMENT FORM INTERROGATORIES, SET ONE AND REQUEST FOR
                         PRODUCTION OF DOCUMENTS, SET ONE