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California Civil Procedure, Keyed to Levine, 6th Ed.
Hernandez v. Superior Court
Citation:
112 Cal. App. 4th 285, 4 Cal. Rptr. 3d 883 (2003)Facts
Petitioners Jose Hernandez and others filed a wrongful death action in 2001 against approximately 80 defendants, which was designated as complex litigation. Defendants jointly propounded special interrogatories requesting identification of documents. Petitioners responded with general categories and boilerplate objections, asserting various privileges without providing detailed factual bases. After defendants moved to compel further responses, the trial court found petitioners’ responses inadequate and ordered them to provide privilege logs. The court subsequently deemed all privileges except marital privilege waived due to petitioners’ failure to timely provide adequate privilege documentation. Later, the trial court entered a case management order requiring petitioners to unilaterally disclose their expert witnesses, their opinions, and curricula vitae before the statutory time for mutual exchange, to facilitate defendants’ summary judgment motions. Petitioners filed two petitions for writs of mandate challenging these orders.
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