Notice Of Motion And Motion To Compel Compliance Of Subpoena For Production Of Plaintiff'S Psychotherapist Records
Set for Law and Motion/Discovery Calendar on Monday, July 20, 2026, Line 4. DEFENDANTs AMERICAN EAGLE OUTFITTERS, INC., SUSAN ESHLEMAN,and CHAD NIKOLA's Motion To Compel Compliance Of Subpoena For Production Of Plaintiff'S Psychotherapist Records.
Continued to July 27, 2026 to give the parties additional time to meet and confer. By way of guidance and not a binding ruling, the subpoena arguably seeks records that are not directly relevant, but that is not a basis to deny this motion. Instead a productive meet and confer would likely focus on a procedure, perhaps a "first look" as proposed by plaintiff's new counsel or something else, to separate the directly relevant records from those that are not directly relevant.
No later than 4pm on July 23, 2026 counsel for defendants must send an email to contestdept302tr@sftc.org with a copy to counsel for plaintiff stating, without argument, whether the parties have resolved all issues relating to the motion and, if not, the parties' then-current positions.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |
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