TRACY SIMERLEY ET AL VS. GOLDEN GATE HIGHWAY AND TRANSPORTATION DISTRICT ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25622935 - November 24, 2025 Hearing date: November 24, 2025 Case number: CGC25622935 Case title: TRACY SIMERLEY ET AL VS. GOLDEN GATE HIGHWAY AND TRANSPORTATION DISTRICT ET AL Case Number: | | CGC25622935 | Case Title: | | TRACY SIMERLEY ET AL VS. GOLDEN GATE HIGHWAY AND TRANSPORTATION DISTRICT ET AL | Court Date: | | 2025-11-24 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Document Production; Memorandum Of Points And Authorities In Support Of Motion; Declaration Of Counsel | Rulings: | | On the Law and Motion/Discovery calendar for November 24, 2025, line 9.

DEFENDANT GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT'S Motion To Compel Document Production. Denied.

Request for production 29 seeks "non-privileged DOCUMENTS, including written COMMUNICATIONS, related to bringing a demand or litigation against DEFENDANT." The parties dispute whether plaintiff should produce several text messages he had with non-parties regarding the need for representation and the monetary value of a claim for a lost limb. Turning over the information would constitute a serious invasion of privacy to plaintiff and third parties and therefore, defendant must show that it is "directly relevant to plaintiff's claim" and "essential to the fair resolution of the lawsuit." (Britt v. Superior Court (1978) 20 Cal.3d 844, 859; see also Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1426-1427.)

Defendant maintains the information will show plaintiff's motives in bringing the lawsuit despite already obtaining funds from defendant. But plaintiff's motive is not a material fact in this case, especially since it is undisputed that he was injured. Defendant fails to show that plaintiff's or third parties' opinions regarding the value of the case (or whether they had $ signs in their eyes) is "directly relevant" to adjudication of plaintiff's claims. The court notes that plaintiff has turned over other text messages that pertained to his work, treatment, and other matters essential to fair resolution of the lawsuit. Remainder of the motion is denied/moot.

Defendant's motion is directed to responses provided on October 3, 2025, and plaintiff provided supplemental responses on October 16, 2025. (Hillsman Decl., Exs. 4 [fourth supplemental responses] and 5 [responses to request for production set two].)

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