Motion To Compel Plaintiffs Further Responses To Form Interrogatories And Special Interrogatories, Set One
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SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25626911 - May 27, 2026 Hearing date: May 27, 2026 Case number: CGC25626911 Case title: ADRIENNE LEIFER VS. SELIGMAN WESTERN ENTERPRISES LTD., A NEVADA ET AL Case Number: | | CGC25626911 | Case Title: | | ADRIENNE LEIFER VS. SELIGMAN WESTERN ENTERPRISES LTD., A NEVADA ET AL | Court Date: | | 2026-05-27 09:00 AM | Calendar Matter: | | Motion To Compel Plaintiffs Further Responses To Form Interrogatories And Special Interrogatories, Set One | Rulings: | | On the Law & Motion / Discovery calendar for May 27, 2026, line 10.
24 Hour Fitness USA, LLC's motion to compel further responses to Form Interrogatories Nos. 7.1, 9.1, and 9.2, as well as Special Interrogatories Nos. 30, 31, and 32, is GRANTED.
With respect to Form Interrogatories Nos. 7.1, 9.1, and 9.2, Plaintiff Leifer's responses are incomplete and fail to meaningfully address the substance of the interrogatories at issue. To the extent Plaintiff asserts objections based on attorney-client privilege or the work product doctrine, Plaintiff has failed to adequately identify or support the basis for those objections. Defendants are entitled to discovery about what categories of damages Leifer claims; Leifer has placed them in issue by bringing suit.
Although expert discovery has apparently not yet begun, the fact that experts may offer opinions about damages does not shield factual information currently in Leifer's possession from discovery. Leifer shall amend. Her answer must apprise defendants of the nature of the damages she is seeking and any factual information currently possessed by Leifer or her agents. She need not reveal attorney client communications. She may not withhold factual information on the basis that it will also be subject to expert discovery.
Similarly, the responses to Special Interrogatories Nos. 30, 31, and 32 are deficient, incomplete, and nonresponsive. Leifer shall amend.
Code of Civil Procedure, sec. 2030.300, subd. (d) provides that "the court shall impose a monetary sanction" against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further responses to interrogatories, unless the court finds that the sanctioned party acted with substantial justification or that other circumstances would make the imposition of sanctions unjust. The Court finds that Leifer did not act with substantial justification in opposing the motion. In particular, Leifer offers no authority for the proposition that there is an "expert witness privilege" that allows a party to withhold facts that may later form the basis for expert opinion. The court orders Leifer to pay a reasonable sanction of $2,000 to Defendant 24 Hour Fitness USA, LLC within 30 days.
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