Case Number:
23LBCV00091
Hearing Date:
April 9, 2024
Dept:
S27
1.

Background Facts
Plaintiffs, Rogelio and Rosa Martinez filed this action against Defendant, Ed Romero for damages arising out of a trip and fall on Defendants property.

The complaint is for negligence, premises liability, and loss of consortium.




2.

Discovery Dispute
Defendant propounded special interrogatories on Plaintiffs on 5/01/23.

Defendant propounded 66 interrogatories on Rogelio and 43 interrogatories on Rosa, as well as an attorney declaration of necessity. Plaintiffs believe the interrogatories are excessive.

The parties met and conferred, but were unable to resolve their issues.

Plaintiffs move for a protective order at this time.



3.

Law Governing Interrogatories in Excess of 35


CCP §2030.030 limits the number of interrogatories that can be propounded to 35.

§2030.040 permits a party to propound more than 35 special interrogatories with a decl