State of Cal. v. Super. Ct.

Filed 4/26/22 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

STATE OF CALIFORNIA ex rel. 2d Civ. No. B315611 DEPARTMENT OF (Super. Ct. No. 56-2019- TRANSPORTATION, 00528591-CU-PO-VTA) (Ventura County) Petitioner,

v.

THE SUPERIOR COURT OF VENTURA COUNTY,

Respondent;

IRENE PANIAGUA et al.,

Real Parties in Interest.

In wrongful death and personal injury actions arising from traffic accidents, are plaintiffs entitled to know the personal information of parties and witnesses involved in previous accidents in the same location? Yes, if they have a “proper interest.” (Veh. Code, § 20012.) Petitioner State of California ex rel. Department of Transportation (the State) is a defendant in an action in which plaintiffs seek damages for wrongful death and personal injuries suffered in an automobile collision. The superior court ordered the State to produce unredacted accident reports revealing the names, addresses, and telephone numbers

of the parties and witnesses involved in accidents that occurred in the same area. State of California ex. rel. Dept. of Transportation v. Superior Court (Hall) (1985) 37 Cal.3d 847 (Hall) takes us to our destination. We deny the State’s petition for a writ of mandate. FACTS On October 12, 2018, Moises Paniagua was driving northbound on Walnut Canyon Road approaching a left curve in the roadway at Broadway Road. Lisa Kinsey was traveling eastbound on Broadway Road approaching Walnut Canyon Road. Kinsey allegedly failed to keep her vehicle in her lane of travel and struck Paniagua’s vehicle, killing him. In 2019, plaintiffs/real parties in interest (Plaintiffs), the wife and minor children of Paniagua, sued Kinsey for negligence. They also sued the City of Moorpark, the City of Ventura, and the State of California for a dangerous condition on public property (Gov. Code, § 835) and negligent or wrongful act or omission of an employee (id., § 815.2). Plaintiffs allege: (1) prior to the accident on October 12, 2018, “other incidents of the same or similar type occurred at the same location as a result of vehicles crossing into opposing lanes of traffic and crashing into each other”; and (2) the location where the accident occurred was a dangerous curve and/or a dangerous section of public roadway that Moorpark, Ventura, and the State knew or should have known about. During discovery, the State produced three traffic accident reports concerning accidents that occurred at or near the site of the October 12, 2018, accident. The names and contact information of the parties involved and witnesses to the prior traffic accidents were redacted from the reports. Plaintiffs propounded special interrogatories, set two, Nos. 118 through 123 (special interrogatories) that sought the names, addresses, and telephone numbers for all persons identified as parties or witnesses to the traffic accidents reported in the three redacted reports previously produced (accidents on December 28, 2010, March 31, 2014, and September 8, 2015).