Grant. Defendant Rojas is in custody and has been charged with felony vehicular manslaughter and driving under the influence in case INF1701955. This Court has the
power to stay discovery and a stay is warranted under the circumstances. (See Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 689.) The only party opposing this request is the City of Desert Hot Springs, which claims that Mr. Rojas is protected under the Code of Civil Procedure, section 2017.010, that there is no motion to compel Mr. Rojas to answer questions that may be at issue in the criminal case, that the Fifth Amendment does not provide protection in civil cases, and that Rojas has filed a cross-complaint. These arguments are unpersuasive given the severity of the charges against Mr. Rojas, and the fact that Mr. Rojas’s conduct is central to the instant case and not separable from the issues pending before the criminal court. That is, both the civil and criminal proceedings arise out of the same incident and
Hearing Date
January 09, 2019
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Grant. Defendant Rojas is in custody and has been charged with felony vehicular manslaughter and driving under the influence in case INF1701955. This Court has the
power to stay discovery and a stay is warranted under the circumstances. (See Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 689.) The only party opposing this request is the City of Desert Hot Springs, which claims that Mr. Rojas is protected under the Code of Civil Procedure, section 2017.010, that there is no motion to compel Mr. Rojas to answer questions that may be at issue in the criminal case, that the Fifth Amendment does not provide protection in civil cases, and that Rojas has filed a cross-complaint. These arguments are unpersuasive given the severity of the charges against Mr. Rojas, and the fact that Mr. Rojas’s conduct is central to the instant case and not separable from the issues pending before the criminal court. That is, both the civil and criminal proceedings arise out of the same incident and