SLESINGER vs TRADER VIC’S, et al.

24CV093346: SLESINGER vs TRADER VIC'S, et al. 09/10/2026 Hearing on Motion to Quash Motion to Quash Subpoenas for Plaintiff's Medical Records; filed by Eilene Slesinger (Plaintiff) CRS# 731399942712 in Department 512

Tentative Ruling - 09/08/2026 Elizabeth Riles

The Motion to Quash MTQ Defendants' Depo Subpoenas for Medical and Billing Records filed by Eilene Slesinger on 07/14/2026 is Granted in Part.

Plaintiff’s Eilene Slesinger’s (“Plaintiff”) Motions to Quash defendants Trader Vic’s, Trader Vic’s US, LLC’s, and Trader Vic’s Hospitality Group’s (“Defendants”) subpoenas and amended subpoenas served on various of Plaintiff’s health care providers are GRANTED IN PART, as set forth below.

Plaintiff alleges that while dining at a Trader Vic’s restaurant in Emeryville on 9/30/2022, a server spilled lit sterno, a brand of jellied denatured alcohol, on her left arm, causing serious burns. Plaintiff also apparently alleges that she has developed chronic regional pain syndrome to her upper left extremity from her left shoulder to the fingers on her left hand.

ANALYSIS OF MOTION TO QUASH

As an initial matter, the moving papers on each motion do not show a sufficiently good faith effort by Plaintiff to meet and confer to narrow the scope of the subpoenas before bringing either of her two motions. Filing discovery motions less than a week after the first meet and confer attempt communication does not provide sufficient time to respond to the meet and confer request. However, Defendants do not oppose the motion on this ground, nor do they explain why their counsel did not respond to Plaintiff’s requests to meet and confer in a more timely manner.

Plaintiff contends that the subpoenas are overbroad in that they are unbounded in time and are not limited to the injuries Plaintiff alleges as a result of the 9/30/2022 incident. However, the moving papers are devoid of any identification of the injuries Plaintiff allegedly suffered.

In Opposition, Defendants present evidence from Plaintiff’s Form Interrogatory Responses, which may or may not have been verified, in which Plaintiff identifies burns to her left arm and chronic regional pain syndrome to her upper left extremity from her left shoulder to the fingers on her left hand. In Reply, Plaintiff does not respond to this description of her alleged injuries. Therefore, the Court finds that these are the sole injuries that Plaintiff alleges in this action.

Defendant also apparently seeks Plaintiff’s mental health records, again unbounded in time or with respect to the mental health conditions for which Plaintiff sought treatment. However, neither party presents any evidence or argument whether Plaintiff is seeking more than “garden variety” personal injury pain and suffering damages in this action. (See Davis v. Sup.Ct. (1992) 7 Cal.App.4th 1008, 1015-1018.) 24CV093346: SLESINGER vs TRADER VIC'S, et al. 09/10/2026 Hearing on Motion to Quash Motion to Quash Subpoenas for Plaintiff's Medical Records; filed by Eilene Slesinger (Plaintiff) CRS# 731399942712 in Department 512 If Plaintiff is only seeking “garden variety” pain and suffering damages for her alleged injuries arising out of the 9/30/2022 incident, the only mental health and mental health billing records Defendants are entitled to receive is with respect to mental health treatment Plaintiff sought in connection with the injuries that allegedly occurred or were triggered by the 9/30/2022 incident.

If Plaintiff is alleging mental health injuries beyond garden variety pain and suffering arising out of the alleged 9/30/2022 incident, then Defendant would be entitled to more information regarding Plaintiff’s prior mental health treatment and conditions. In either event, the Court is unlikely to allow at trial introduction of evidence or argument by Plaintiff that has not been disclosed to Defendant during discovery in this action.

Defendant also appears to argue that Plaintiff filed a 2017 worker’s compensation claim for which she may have received a disability determination and in which she may have alleged chronic regional pain syndrome (“CRPS”). Plaintiff in reply appears to concede she claimed CRPS in her 2017 worker’s compensation claim.

Based on the foregoing, the Court ORDERS as follows.

Defendants’ subpoenas are limited as follows. Defendants may obtain medical records and medical billing records regarding any treatment Plaintiff received in connection with her alleged injuries arising out of the 9/30/2022 incident, including any mental health treatment Plaintiff received in connection with, in whole or in part, her alleged injuries from the 9/30/2022 incident. To the extent that Plaintiff at trial intends to allege more than “garden variety” pain and suffering at trial but Plaintiff fails to disclose this fact to the Court prior to or at the hearing on this Motion to Quash, the Court is likely to bar any such evidence or argument at trial.

Defendants may also obtain any medical records regarding burns or other injuries to Plaintiff’s left arm or regarding CRPS in her upper left extremity from 1/1/2017 to the present. Further, Defendant may obtain medical records regarding any claim of CRPS Plaintiff alleged in connection with her worker’s compensation claim from 1/1/2015 to the present.

The Court ORDERS that any responsive documents requested by Defendants’ subpoenas shall be produced first to Plaintiff, who will have a seven-day first look period to review the productions for documents beyond the scope the Court authorizes to be produced above. To the extent that Plaintiff asserts that any of the documents produced by the recipients of Defendants’ business records subpoenas are protected by privacy as beyond the scope of the medical and mental health injuries alleged by Plaintiff in this action or subject to any other privilege, Plaintiff shall within fourteen (14) days of Plaintiff’s receipt of the documents serve Defendants with a privilege log containing sufficient information for Defendants to evaluate the claim of privilege. (See CCP § 2031.240(c).)

Neither party requested monetary sanctions in the Notice of Motion or the Opp. MPA. Therefore, no sanctions will be awarded.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

24CV093346: SLESINGER vs TRADER VIC'S, et al. 09/10/2026 Hearing on Motion to Quash Motion to Quash Subpoenas for Plaintiff's Medical Records; filed by Eilene Slesinger (Plaintiff) CRS# 731399942712 in Department 512

The Court ORDERS Defendants to provide a copy of the Court’s final Order on this Motion to Quash to each recipient of a medical records or medical billing records subpoena served by Defendants within three (3) court days of the date on which the final Order on this Motion enters the record.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Parties may appear via videoconference, using the Zoom.com website or application.

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Meeting ID: 160 5766 1931

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