Nagle v. Superior Court

[1467]

Opinion

POCHÉ, J.

Petitioners Thomas P. Nagle, Director of the California Employment Development Department (EDD), and Molly Coye, former Director of the California Department of Health Services (DHS), seek a writ of mandate to compel respondent superior court to grant a protective order prohibiting their depositions (Code Civ. Proc., § 2025, subd. (i)) in a lawsuit brought by real party in interest Jewel Green. We agree with petitioners that they are entitled to a protective order since real party failed to show that petitioners had any personal involvement in the actions which gave rise to the law suit and made no showing that real party had exhausted less intrusive means of discovery.

Facts

Real party’s son, Eugene Befford, was an employee of EDD who was dismissed from his job following a proceeding before the California State Personnel Board. In part the charges against Befford involved time away from his job because of the illness of real party. In its pursuit of the disciplinary action, personnel of EDD obtained certain of real party’s records from DHS through administrative subpoenas. This led to the filing of an action by real party against personnel of these agencies, including petitioners. In her complaint, real party contends that confidential medical records were obtained in violation of her privacy and due process rights under the California Constitution.

When depositions of petitioners were noticed, petitioners moved for a protective order. The motion was supported by the declarations of counsel for the agencies declaring that they had no information indicating that petitioners had any personal knowledge of the facts of the case and declaring that real party had propounded no discovery seeking information as to petitioners’ personal knowledge. Following opposition to the motion, which pointed out that petitioners had not submitted declarations themselves regarding their knowledge, petitioners also filed declarations denying any personal knowledge of the facts or circumstances of the Befford disciplinary proceeding or the subpoenaing of real party’s records.

Respondent court denied the motion for a protective order and petitioners applied to this court for relief.

Discussion