Carey
Storz Management Co. v. Carey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STORZ MANAGEMENT COMPANY, a No. 2:18-cv-0068 TLN DB California Corporation, and STORZ REALTY, INC., Plaintiffs, ORDER
v. ANDREW CAREY, an individual, and MARK WEINER, an individual, 16 Defendants. 18 This action came before the undersigned on February 14, 2020, for hearing of defendants’ motion to compel. (ECF No. 116.) Attorney James Kachmar appeared on behalf of the defendants. No appearance was made on behalf of the plaintiffs. According to the parties’ joint statement, at the December 18, 2018 deposition of plaintiffs’ PMK James Pierini, plaintiffs’ attorney instructed Pierini not to answer several questions based on the objection that the question called for a legal conclusion. (ECF No. 122 at 6-7.) “[A]ny time that a lawyer instructs a deponent not to answer a question except as authorized by Rules 30(d)(1) or 30(d)(3) the instruction is presumptively improper.” Boyd v. University of Maryland Medical System, 173 F.R.D. 143, 147…