ISABELLA SERRANO VS. BENJAMIN FINNESTON ET AL

Matter on the Law & Motion / Discovery calendar for Tuesday, June 17, 2025, Line 5. 1 - PLAINTIFF ISABELLA SERRANO's Motion To Quash Deposition Subpoena For Production Of Business Records To Two Chairs And/Or Motion For Protective Order, Request For Sanctions.

Plaintiff Isabella Serrano's motion to quash deposition subpoena for production of business records as to Two Chairs is GRANTED. Defendants seek the production of all business and medical records pertaining to Plaintiff's treatment at counseling center, Two Chairs. Plaintiff asserts this request is overbroad and raises the psychotherapist-patient privilege and constitutional privacy interests in response.

Disclosure of a party's mental health records can only be compelled when the party has put their mental condition at issue. (In re Lifschutz (1970) 2 Cal.3d 415.) "The psychotherapist-patient privilege is a kind of privacy interest that may be overcome only on a showing of a compelling state interest." (Kirchmeyer v. Phillips (2016) 245 Cal.App.4th 1394, 1404.) On this record, Plaintiff's garden-variety emotional distress allegations do not justify this discovery. Moreover, Defendants' request is overbroad, in that it seeks "any and all other psychiatric records and materials," not just those relating to her treatment for emotional distress caused by her tenancy. (Wheeler decl. Ex. 1.)

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