Sacramento Sexual Harassment Lawyer Blog

The following blog entry is written from a defendant’s position during the early stages of litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)

DEFENDANT SHOULD BE SANCTIONED FOR FAILING IN BAD FAITH TO SUBMIT TO AN AUTHORIZED FORM OF DISCOVERY

Nothing excuses the fact that defendant has refused to commit to a date for his deposition.

This assertion highlights the fact that he has acted in bad faith and will continue to do so unless and until the Court orders him to appear for his deposition in this sexual harassment case. As stated above, there is no substantial justification for Defendant not to appear for his deposition before August 2006 and, therefore, sanctions are warranted. (C.C.P. §§2023 and 2025(j)(3)). Moreover, Ms. Brown has been forced to simply take Defendant's word that he will be available in August. There is no guarantee that Defendant will suddenly become unavailable or on another extended business trip in August, especially in light of the fact that Defendant will not commit to a date in August for his deposition at this time.

California courts have long recognized the potential for discovery abuse and noted, We are also aware the discovery process is subject to frequent abuse and, like a cancerous growth, can destroy a meritorious case or defense ... (Mannino v. Superior Court (1983) 142 Cal.App.3d 776, 778.) In adopting this theory, the court in Calcor Space Facility Inc. v. Superior Court (1997) 53 Cal.App.4th 216, added, Our observation of the day to day practice of law leads us to conclude this cancer is spreading and judges must become more aggressive in curbing these abuses. (53 Cal.App.4th at 219-220.)

Continue reading " Sacramento Company Must Answer For The Sexual Harassment Of Its Owner, Part 6 of 6 " »

The following blog entry is written from a defendant’s position during the early stages of litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)

DEFENDANT'S DEPOSITION MUST BE COMPELLED BECAUSE WITHOUT A COURT INTERVENTION DEFENDANT WILL CONTINUE TO DELAY HIS APPEARING FOR DEPOSITION.

Defendant is clearly attempting to postpone the inevitable. Upon the filing of the instant action and the service of a deposition notice, Defendant suddenly became unavailable. When Ms. Brown's counsel offered to fly to New York so that Defendant's alleged extended business trip would not be disrupted, Defendant refused. Ms. Brown has begged and pleaded for dates upon which Defendant would be back in Los Angeles and available for his deposition. Ms. Brown has received none.

Rather, Defendant has maintained that he will be available in August. When in August? Ms. Brown has no idea because Defendant refuses to commit to a date at this time. Presumably, Defendant expects Ms. Brown to wait until August and then, upon his return to Los Angeles, attorneys for both sides can schedule a deposition. According to Defendant, such behavior is permissible because no trial date has been set in this sexual harassment matter.

Continue reading " Workplace Harassment Suit Filed By Female Sacramento Employee, Part 5 of 6 " »