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Notice Of Motion And Motion For Protective Order On Defendant Nanci Gaglio'S Special Interrogatories Directed To Plaintiff And Request For Monetary Sanctions
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24620096 - January 21, 2026 Hearing date: January 21, 2026 Case number: CGC24620096 Case title: MARIA TELLO VS. HEALED LLC ET AL Case Number: | | CGC24620096 | Case Title: | | MARIA TELLO VS. HEALED LLC ET AL | Court Date: | | 2026-01-21 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Protective Order On Defendant Nanci Gaglio'S Special Interrogatories Directed To Plaintiff And Request For Monetary Sanctions; Memorandum Of Points And Authorities | Rulings: | | Set for Law and Motion/Discovery Calendar on Wednesday January 21, 2026, Line 6.
Plaintiff's motion for protective order is GRANTED. Plaintiff need not respond to special interrogatories 36 through 179. "The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person. This motion shall be accompanied by a meet and confer declaration under Section 2016.040." (Code of Civil Procedure section 2017.020(a).)
Defendant served an excessive, oppressive, burdensome, and cumulative set of 179 special interrogatories. Counsel Nathan's declaration to support the additional discovery is totally conclusory and does not meet the requirements of Code of Civil Procedure section 2030.040. (Coffman Decl., Ex. B.) Code of Civil Procedure section 2030.050, which provides the format for the declaration supporting additional interrogatories, still requires facts and not mere conclusions. Plaintiff demonstrates "good cause" for the protective order. (Code of Civil Procedure section 2030.090(b).)
Even though defendant withdrew special interrogatories 1 through 18, plaintiff still answered them. Based on Code of Civil Procedure section 2030.030(c), the response was reasonable as defendant failed to comply with the Discovery Act.
Defendant Gaglio and/or her counsel are jointly and severally liable for $5,635 in sanctions because defendant failed to act with substantial justification. (See Code of Civil Procedure sections 2023.010, 2023.030, 2017.020(b).) Payment shall be made to plaintiff within 10 days of notice of entry of this order.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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