Discovery Articles

In this juvenile dependency case, the juvenile court found 12-year-old A.O. came within its jurisdiction under Welfare and Institutions Code section 300 because of risk of harm due to conduct by both his parents and removed him from his parents’ custody pursuant to section 361, subdivision (c). Crystal D. (mother), the noncustodial parent at the time of removal, appeals the juvenile court’s jurisdictional and dispositional findings and orders. Mother contends the allegations of her conduct in the jurisdictional findings were not supported by sufficient evidence. She also contends the court erred by “removing” A.O. from her custody under section 361, subdivision (c) because she was a noncustodial parent, and the matter must be remanded for a hearing on whether A.O. should be placed with her pursuant to section 361.2, subdivision (a), the statute governing placement with noncustodial parents. We affirm.

Demurrer

Budget Finance Plan v. Superior Court (1973), 34 Cal.App.3d 794. [Even though a demurrer has been sustained with leave to amend, defendant is a party within the meaning of C.C.P. § 2030.]

Class actions; unnamed members of class

Danzig v. Superior Court (1978) 87 Cal.App.3d 604. [Interrogatories may be propounded to unnamed members in a class action on issues common to the class provided defendants make a showing that the interrogatories are necessary to the trial of a proper class issue ]

Spoon v. Superior Court(1982), 130 Cal.App.3d 735 [objection re no prior order authorizing 34 interrogatories to class members in condo class action and 14 depositions; tr ct aff'd in ordering discovery though burden of proof on propounder to justify; no blanket immunity of unnamed class members from discovery]

See also Parris v. Superior Court 109 Cal.App.4th 285 , 135 Cal.Rptr.2d 90, [Plaintiff's lawyers have free speech rights to communicate with potential class me

Applies to C.C.P. §2020.410 records only deposition
California Shellfish v. United Shellfish(1997), 56 Cal.App.4th 16, 23 [Plaintiff must serve at least one defendant to assure protection of adversarial interests and protect against abuse of the discovery process. Plaintiff argued it needed discovery to determine who to serve but court noted the greater protection provided for motions to perpetuate testimony and noted that this was the "minimum protection" required.]
Court Order "to serve...on an earlier date." C.C.P.§2025.210(b)
Courts have not determined that depositions may procede without any notice, as contasted to shortened notice, or protection to unserved parties or third parties. Protection might be afforded by parties who have a duty or an interest in protecting privacy rights of persons who do not receive notice. The statute expressly authorizes shortening time on a showing of good cause but does not authorize orders dispensing with notice entirel

Greyhound Corp. v. Superior Court (1961), 56 Cal.2d. 355, p.401" The work product doctrine is predicated upon the necessity of so limiting discovery that the stupid or lazy practitioner may not take undue advantage of his adversary's efforts and prepare his case for trial through no efforts of his own. Such tactics should not be permitted. Some limitation is required in order to prevent such unfairness."

Fireman's Fund Ins. Co. v. Superior Court (2011), 196 Cal. App. 4Th 1263 ["[T]he fundamental purpose of the attorney-client privilege is the preservation of the confidential relationship between attorney and client [citation], and the primary harm in the discovery of privileged material is the disruption of that relationship . . . ." (Costco Wholesale Corp. v. Superior Court, supra, 47 Cal.4th at pp. 740-741.)]

Fireman's Fund Ins. Co. v. Superior Court (2011), 196 Cal. App. 4Th 1263 ["[T]he fundamental purpose of the attorney-client privilege is the preservation of the confidential relationship between attorney and client [citation], and the primary harm in the discovery of privileged material is the disruption of that relationship . . . ." (Costco Wholesale Corp. v. Superior Court, supra, 47 Cal.4th at pp. 740-741.)]