Tentative Rulings for Department 402
(20)

Tentative Ruling

Re:

Hudson v. County of Fresno et al., Superior Court Case No.
09CECG03295

Hearing Date:

January 14, 2016 (Dept. 402)

Motion:

Plaintiff Joseph Hudson’s Motion To Compel County’s
Compliance with September 6, 2012 Order

Tentative Ruling:
To grant. County of Fresno shall produce the Child Welfare Quality Assurance
division report (QA report) within 20 days of service of the order by the court. To impose
$4,500 in sanctions against County of Fresno, payable within 30 days of service of the
order. (Code Civ. Proc. §§ 2023.030, 2031.310.)
Explanation:
The issue here is simple. On September 6, 2012, the trial court granted Hudson’s
motion to compel and ordered the County to produce the QA report within 20 days.
The County filed for a writ, and on September 30, 2015, the Court of Appeals declined
to reverse the order compelling production of the QA report.
The trial court’s order did not authorize any redactions, or require production of
the report pursuant to a protective order. Furthermore, there is no indication that those
issues were raised on appeal. If the County believed that it was the trial court’s intent to
authorize redactions or require a protective order, it should have requested that Judge
Smith clarify the order before seeking the writ. At this point the court considers the
September 6, 2012 to be final. The County shall comply with that order, as written,
which means the report must be produced with no redactions, and without a
protective order.
Pursuant to Cal. Rules of Court, Rule 3.1312(a) and Code Civ. Proc. § 1019.5(a),
no further written order is necessary. The minute order adopting this tentative ruling will
serve as the order of the court and service by the clerk will constitute notice of the
order.
Tentative Ruling
Issued By:
JYH
on
(Judge’s initials)

1/13/2016 .
(Date)