MICHAEL SPEED VS. UBER TECHNOLOGIES, INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Monday, June 02, 2025, line 10, PLAINTIFF MICHAEL SPEED'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 clearly over broad as they seek "any and all" documents regarding Plaintiff's health information, billings, and employment with no time limitation.

Defendant did not meet and confer in good faith. In a good faith effort to meet and confer with Defendant, Plaintiff sent e-mails on March 14 and 18 of 2025, to which Defendant failed to reply. (Fletcher Decl., par. 2.) Rather, after Plaintiff filed this motion on March 20, 2025, Defendant agreed to circumscribe its demands to relevant body parts and enter into a first look agreement. Defendant's efforts came too late. (CCP 1985.3(g); 1985.6(f)(4).)

The court does not find Defendant acted with substantial justification. Defendant to pay to Plaintiff $1,800 in sanctions within 10 days of service of notice of entry of order. (CCP 1987.2.) If either party issues future subpoenas, the court suggests the parties actually meet and confer in good faith (including stipulating to a First Look Agreement) prior to coming to court.

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