Motion to Quash Subpoena
Casimiro Adelaido Ruiz Cortes, et al. v. Cody James Phillips, et al., 23CV-0462 (Consolidated with 24CV-0697)
Hearing: Motion to Quash Subpoena
Date: June 4, 2026
Casimiro Adelaido Ruiz Cortes (Plaintiff) filed this action against Cody James Phillips (Phillips) and Koreen Joan Langstaff (Langstaff) (collectively Defendants) for personal injuries he sustained in a vehicle collision. Plaintiff alleges that Phillips was driving under the influence of alcohol and caused a collision and that Langstaff negligently entrusted the vehicle to Phillips with knowledge he could not safely operate it.
Plaintiff now moves pursuant to Code of Civil Procedure sections 1987.1 and 1987.2 to quash a deposition subpoena seeking his medical records served on Santa Maria Health Care Center and seeking monetary sanctions of $2,000.1 The subpoena was issued on September 25, 2025. (Daneshrad Decl., ¶ 4; Ex. A.) Defendants oppose the motion. Plaintiff did not file a reply.
The subpoena seeks the following records:
Scope of records limited to: 12/01/2022 to present only
Including but not limited to treatment rendered by Tusher Yadav
All documents and records stored in any format or method including, but not limited to, all medical records, intake forms, patient completed forms and/or documents, correspondence, all office records, emergency room records or reports, inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy and prescription records, physical therapy records, sign-in sheets, all descriptions of exercises prescribed, documentation which indicate date and time of patient's appointments, insurance documents, all radiology reports and readings, and any other documents maintained pertaining to the care, treatment and examination of the patient; and COPIES of all original x-rays films, CT scans, MRIs and any other scans or images taken and/or maintained, including a comprehensive list of all dates and body parts of all films, CT scans, MRIs and all other images or scans provided.
All images and films must be provided on CD if available. (Ex. A.)
1 Plaintiff’s counsel declares that he seeks three hours of time at $850 per hour, which he declares is a reasonable rate for an attorney in Century City. The Court notes that the standard for a reasonable rate would be San Luis Obispo County, where the action is venued. The County has many practitioners who work in the area of personal injury, and this is a simple discovery dispute. $850 is well above the local rate. Additionally, Plaintiff’s notice of motion seeks $2,000, and thus is the most that could be awarded. The notice does not specify that Plaintiff seeks an award of fees against counsel, therefore the award would be against Defendants only.
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Plaintiff’s counsel met and conferred with Defendants’ counsel prior to filing the motion. (Daneshrad Decl., ¶¶ 5-9.) Plaintiff contends that the request is overboard and seeks records irrelevant to the claims and injuries in this case. In an effort to avoid unnecessary motion practice and to proceed cooperatively, the parties entered into a “First Look” agreement under which Plaintiff agreed to review the subpoenaed records and thereafter state any objections. (Id. ̧¶ 7; Ex. D.)
The First Look agreement provided that upon receipt, Plaintiff’s counsel, would have seven business days to review the documents and determine whether he will make objection to the production to Defendant. “If objections are made with notice to all parties, the litigants agree to take the documents to the judge for an in camera review, which will require Plaintiff to file the necessary motion within 10 days of objection made to all parties of this Stipulation.” (Ex. D.)
On January 21, 2026, Plaintiff’s counsel received the subpoenaed records. After careful review, Plaintiff objected to the documents in their entirety. (Daneshrad Decl., ¶ 8; Ex. E.) Plaintiff contends the record are wholly irrelevant and consist almost exclusively of blood panels and laboratory results relating to cholesterol levels, dietary matters, and weight-related metrics. (Ibid.) Defendants continued to seek the documents, and Plaintiff filed his motion.
Plaintiff requests that he be allowed to lodge the subpoenaed records with the Court, and that the Court conduct an in-camera review of the documents pursuant to the First Look agreement. Plaintiff contends that once reviewed, it will be apparent to the Court that the documents are irrelevant to this action.
Defendants contend that Plaintiff seeks damages for injuries and that he has put his medical records at issue in the case. They contend that the records are during the same period of time as Plaintiff’s treatment for the accident injuries, that Plaintiff has not been working since the accident and asserts that he is unable to return to work seeking damages for loss of income and loss of earning capacity, and that the reasons for his inability to work as well as physical injuries make this inquiry relevant to the claims of Plaintiff and the defense of said claims. (Reisdorph Decl., ¶¶ 2, 10.)
Defendants contend that Plaintiff responded to discovery stating that he did not have a primary physician and that he had not been treated prior to the accident by any physician other that Dr. Babak Samini, but that in the records Dr. Samini provided prior to his deposition on September 11, 2025, Plaintiff himself identified a treating primary physician to be Tusher Yadav, who examined Plaintiff at Santa Maria Health Care Center, to whom the subpoena is directed. (Reisdorph Decl., ¶¶ 3-9) The language in this subpoena is the same as Defendants used in all the other subpoenas to which Plaintiff did not object as to all the treating physicians identified. (Reisdorph Decl., ¶ 10.)
Defendants contend the motion should be denied and that sanctions are not warranted.
The scope of discovery is broad and Plaintiff has put his medical condition and medical records at issue in this case. Plaintiff failed to file a reply addressing or disputing any of
Defendants’ arguments as to why the records are relevant and should be produced. The Court notes that the subpoena appears to have conflicting dates – one copy of “Attachment 3” requests records starting December 1, 2012, and a second copy requests records starting December 1, 2022, the date of the accident. The Court considers the 2012 date to be an error, and limits the records to those beginning on December 1, 2022, the date of alleged accident.
With that clarification, Plaintiff’s motion to quash is denied.
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