Nagle

Nagle v. Superior Court

Good Law
1994 Cal. App. LEXIS 1027·28 Cal. App. 4th 1465·34 Cal. Rptr. 2d 281·94 Daily Journal DAR 14175·94 Cal. Daily Op. Serv. 7744
Court of Appeal of CaliforniaSeptember 20, 1994A066262California818 words

Opinion

Opinion

Poche, 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…

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