MOTION TO QUASH SUBPOENAS
Set for Law and Motion/Discovery on Wednesday, June 25, 2025 Line 1, PLAINTIFF DEBBIE JOSE's MOTION TO QUASH SUBPOENAS.
Plaintiff's motion to quash is granted. Although personal injury plaintiffs implicitly waive their right to privacy, the waiver is not unlimited. (Davis v. Superior Ct. (1992) 7 Cal.App.4th 1008, 1014 [holding that an implicit waiver of the right of privacy will encompass discovery "directly relevant" to the plaintiff's claims].) "[P]laintiffs . . . may not withhold information which relates to any physical or mental condition which they have put in issue by bringing th[e] lawsuit." (Britt v. Superior Ct. (1978) 20 Cal.3d 844, 864.)
Here, defendant's subpoenas are over broad as they seek "any and all" medical and mental health records with no time limitation. Plaintiff's records regarding her prior trauma and drug and alcohol treatment are not "directly relevant" to this lawsuit.
Defendant did not meet and confer in good faith and its conduct lacked substantial justification. (CCP 1985.3(g).) Defendant to pay $3,000 in sanctions to plaintiff within 10 days of service of notice of entry of order. (CCP 1987.2.)
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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