Morfin

I would affirm the lower court’s ruling. While it is true that material sought by discovery need only be “reasonably calculated” to lead to the discovery of admissible evidence (Code Civ. Proc., § 2017, subd. (a)), a judge has the discretion to limit otherwise proper discovery where the burden or expense in production of requested material *818 clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. (Code Civ. Proc., § 2017, subd. (c).) A protective order may also be granted to restrict the frequency or extent of a discovery method where that method is unduly burdensome taking into account the needs of the case and the importance of the issues in the litigation. (Code Civ. Proc., § 2019, subd. (b).)

Here, the request is for raw statewide data. Both temporally and substantively, it is an exceedingly broad request. Plaintiffs have asked the state to provide the date and a “complete description” of all incidents involving any contact or collision any vehicle has had with any portion of every Department of Motor Vehicles (DMV) building in the state for the 10 years between 1977 and 1987. In addition, for every such contact or…

In this personal injury action against the State of California alleging unsafe design of a state building and adjacent parking lot, plaintiffs Hector Morfin, Maria Morfin Cervantes, and their sons, Ricardo and Edwardo Morfin, appeal from a judgment after the trial court in a bifurcated action found that the state had established a design immunity defense. (See Gov. Code, § 830.6.) The Morfins argue they were improperly denied discovery of evidence which could have defeated the state’s defense. We agree and reverse.

Factual and Procedural Background

The Morfins were seated inside the Department of Motor Vehicles (DMV) office in Chula Vista when Agustín Medina crashed his car into the building. Maria Morfin and her two children were hit by the car as Hector Morfin watched. The Morfins sued the state as the owner and operator of the facility for injuries they suffered in the accident, alleging negligence, loss of consortium, and negligent infliction of emotional distress. They claimed the facility was in a dangerous condition because of the high volume of traffic in the parking lot and the building’s lack of protection from the cars. Further, the Morfins claimed the state…

WIENER, Acting P.J.

In this personal injury action against the State of California alleging unsafe design of a state building and adjacent parking lot, plaintiffs Hector Morfin, Maria Morfin Cervantes, and their sons, Ricardo and Edwardo Morfin, appeal from a judgment after the trial court in a bifurcated action found that the state had established a design immunity defense. (See Gov. Code, § 830.6.) The Morfins argue they were improperly denied discovery of evidence which could have defeated the state's defense. We agree and reverse.

The Morfins were seated inside the Department of Motor Vehicles (DMV) office in Chula Vista when Agustin Medina crashed his car into the building. Maria Morfin and her two children were hit by the car as Hector Morfin watched. The Morfins sued the state as the owner and operator of the facility for injuries they suffered in the accident, alleging negligence, loss of consortium, and negligent infliction of emotional distress. They claimed the facility was in a dangerous condition because of the high volume of traffic in the parking lot and the building's lack of protection from the cars. Further, the Morfins claimed the state had notice of…