April 1, 2003

Sent Via Facsimile and U.S.Mail

Jacquelyn Finney

RE: Jacquelyn Finney vs. California Department Of Managed Health Care, et al. - Case No. GIN024734
Enforcement Matter No. 02-105

Dear Mrs. Finney:

The authority you cite, Nagle v. Superior Court, (1994) 28 Cal. App. 4th 1465 provides no support whatever for our request to depose Maria Contreras-Sweet, and instead quite plainly holds that the heads of agencies may not be deposed. Indeed, the court of appeal granted a writ of mandate directing the trial court to issue a protective order prohibiting the depositions from taking place. No other authority supports your extraordinary request. Accordingly, we will not agree to make the Secretary available for deposition.

Please be advised that should you attempt to notice her deposition, we will seek a protective order and an order requiring you to pay our attorneys fees for doing so.

Very truly yours,


Staff Counsel