Motion for Protective Order; Motion for Return and Destruction of Records; Motion for Sanctions
25CV025289: SHIVELY vs PROGRESSIVE INSURANCE COMPANY, ET AL.,, et al. 07/16/2026 Hearing on Motion for Protective Order in Department 16C
Tentative Ruling
This matter was continued by the Court after the June 11, 2026, hearing to allow the parties to discuss a possible protective order.
Appearance is required by all parties to discuss whether the parties have reached an agreement regarding a protective order.
The Court's prior tentative ruling is republished below.
Plaintiff in pro per Jasmine Shivelys (Plaintiff) motion for protective order, for return and destruction of unredacted financial records, and for sanctions is ruled upon as follows.
As to the defendant in pro per, Caleb Bomar (Mr. Bomar), the motion is DROPPED due to defective service. Plaintiff has failed to properly serve Mr. Bomar with the moving papers, and he has not filed an opposition. Self-represented parties like Mr. Bomar may not be served electronically without proof that they have consented to electronic service. Plaintiff provides a proof of service that shows service by email on Mr. Bomar, but no proof that he agreed to such manner of service. (Code Civ. Proc. § 1010.6(c); California Rules of Court, Rule 2.251(c)(3) [self represented persons are to be served by nonelectronic methods unless they affirmatively consent to electronic service].)
As to defendant United Financial Casualty Company (erroneously sued as Progressive Insurance Company) (UFCC), the Court rules as follows.
Plaintiff seeks a protective order that:
1. All unredacted financial records of Plaintiff produced in this action shall be returned to Plaintiff or destroyed within 5 days of this Order.
2. Defendants and all parties are prohibited from using, referencing, or relying upon Plaintiffs unredacted financial records for any purpose in this litigation.
3. Defendants and all parties are prohibited from further disclosing or disseminating Plaintiffs unredacted financial records.
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4. Any future production of Plaintiffs financial records shall be limited to properly redacted versions or otherwise subject to appropriate protective measures.
(Notice of Motion at 1:23-2:6.)
25CV025289: SHIVELY vs PROGRESSIVE INSURANCE COMPANY, ET AL.,, et al. 07/16/2026 Hearing on Motion for Protective Order in Department 16C
Plaintiff contends that, in response to her request for production of her claim file, UFCC produced her financial records spanning approximately four years in unredacted form to her and Mr. Bomar. Plaintiff argues that the production contained her confidential financial information, that the production was not narrowly tailored, and that the production was not necessary because redacted versions of the same or similar records, previously filed by Plaintiff with the Court, were available and sufficient to convey any relevant information. Plaintiff insists a protective order is necessary to prohibit further use of the unredacted records, require their return or destruction, and ensure that Plaintiffs confidential financial information is not used or disclosed beyond what is strictly necessary in this action.
Plaintiff moves pursuant to Code of Civil Procedure sections 2025.420 and 2031.060.
Section 2025.420 is not applicable because it applies to depositions.
Section 2031.060 provides:
(a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.
(b) The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:
(1) That all or some of the items or categories of items in the demand need not be produced or made available at all.
(2) That the time specified in Section 2031.260 to respond to the set of demands, or to a particular item or category in the set, be extended.
(3) That the place of production be other than that specified in the demand.
(4) That the inspection, copying, testing, or sampling be made only on specified terms and conditions.
(5) That a trade secret or other confidential research, development, or commercial information not be disclosed, or be disclosed only to specified
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV025289: SHIVELY vs PROGRESSIVE INSURANCE COMPANY, ET AL.,, et al. 07/16/2026 Hearing on Motion for Protective Order in Department 16C
persons or only in a specified way.
(6) That the items produced be sealed and thereafter opened only on order of the court.
Here, Plaintiff, the party that propounded the discovery request, is seeking a protective order. However, the Court is not persuaded that Plaintiff has established that the requested protective order is necessary to protect her from unwarranted annoyance, embarrassment, or oppression, or undue burden or expense. Plaintiff raises no wellreasoned legal argument explaining how UFCCs response and production pursuant to her request satisfies the requirements to issue the protective order as requested.
UFCC has opposed and asserts there has been no discovery abuse because it fully complied with the Discovery Act and produced the records Plaintiff requested in request for production number one, which stated:
Produce the complete claim file in Defendants possession, custody, or control relating to the October 4, 2025 collision involving the 2021 Ford F-350, including all claim notes, logs, diary entries, internal communications, reports, photographs, evaluations, and documents maintained in the ordinary course of claim handling.
(Declaration of Patrick Howe, ¶ 4, Ex. 1.)
UFCC asserts it produced the complete claim file, which included the financial records, and if Plaintiff wanted fewer or redacted documents, she should have said so when drafting her discovery.
However, UFCC also states it has no objection to the Court issuing some type of order limiting the use of the financial records to the litigation of this case[,] but plaintiff and Mr. Bomar will have to get together and come to some agreement on the terms of such an agreement. (Opposition at 2:25-26, 3:23-25.)
The Court concludes Plaintiff has failed to satisfy her burden to demonstrate a protective order is warranted and, therefore, the motion for protective order is DENIED. However, the Court strongly encourages Plaintiff to meet and confer with Mr. Bomar and UFCC to discuss a mutually agreeable protective order, especially as UFCC has indicated it has no objection to the same.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV025289: SHIVELY vs PROGRESSIVE INSURANCE COMPANY, ET AL.,, et al. 07/16/2026 Hearing on Motion for Protective Order in Department 16C
NOTICE:
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