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Planned Parenthood Golden Gate v. Superior Court of San Mateo County8/28/2000
As modified September 14, 2000. Second modification made September 26, 2000. There is no change in the judgment. The petition for rehearing and request for depublication are denied.
PLANNED PARENTHOOD GOLDEN GATE,
PETITIONER,
V.
THE SUPERIOR COURT OF SAN MATEO COUNTY,
RESPONDENT;
ROSSI FOTI AND JEANNETTE GARIBALDI,
REAL PARTIES IN INTEREST.
(San Mateo County Super. Ct. No. 405649)
Attorneys for Petitioner Robert J. Glynn, Esq. Lynne G. Stocker, Esq. Law Offices of Robert J.Glynn, Llp Lynn H. Pasahow, Esq. Katharine L. West, Esq. Leslie G. Landau, Esq. Beth H. Parker, Esq. McCutchen, Doyle, Brown & Enersen Attorneys for Real Parties in Interest Yale W. Rohlff, Esq. Donn Waslif, Esq. Law Offices of Rohlff & Waslif Terry Thompson, Esq. Law Offices of Terry Thompson
The opinion of the court was delivered by: Haerle, J.
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
Petitioner, Planned Parenthood Golden Gate (Planned Parenthood), and real parties in interest Rossi Foti and Jeannette Garibaldi are parties in litigation concerning the scope of the real parties' rights to engage in anti-abortion protest activities outside Planned Parenthood facilities. Planned Parenthood initiated this original proceeding to challenge a superior court discovery ruling which requires it to disclose, pursuant to a protective order, the names, residential addresses and telephone numbers of staff and volunteers who have knowledge relevant to the litigation. We stayed the superior court's order and issued an order to show cause. For the reasons discussed below, we conclude that the superior court's ruling cannot be sustained.
II. STATEMENT OF FACTS
A. The Litigation
On July 24, 1998, Rossi Foti (Foti) filed a complaint for damages and injunctive relief against Planned Parenthood and several individuals alleging defamation, abuse of process, infliction of emotional distress and battery. According to the complaint, Foti engages in picketing, leafleting and counseling outside Planned Parenthood clinics in San Mateo, Menlo Park and Redwood City " n a regular basis." Foti alleged, among other things, that "`escorts'" employed by Planned Parenthood, including the named individual defendants, "physically obstruct, intimidate, and interfere with [Foti] while he is on the sidewalk lawfully exercising his constitutional rights."
On September 11, 1998, Planned Parenthood filed a cross-complaint against Foti, Jeannette Garibaldi (Garibaldi) and others. The cross-complaint alleged causes of action for interference, harassment and emotional distress. According to the cross-complaint, the cross-defendants habitually harass and intimidate Planned Parenthood employees, volunteers, patients and their companions while protesting at Planned Parenthood clinics.
Both the complaint and cross-complaint have been amended more than once. At some point, named defendant Gabriella Gibson was added as a cross-complainant and cross-claims for abuse of process, false arrest, defamation and conspiracy were also alleged.
B. Foti's Discovery Requests
In September 1998, Foti served various discovery requests on Planned Parenthood and other individual defendants. In March 1999, Foti filed a motion to compel further responses to several interrogatories and requests for production of documents. Among other things, Foti argued that Planned Parenthood improperly objected to requests for disclosure of the identities of non-party Planned Parenthood staff and volu
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