Oscar Hernandez Ochoa v. Johnny Yan et al.

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210

DATE: June 9, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 25CV468482 Tai Le et al v. Click LINE 1 or scroll down for ruling. Vinh Hong Line 2 25CV474386 Alan Pineda v. Click LINE 2 or scroll down for ruling. Mike Counsil Plumbing, LLC Line 3 24CV445461 Oscar Hernandez Parties ordered to appear. Plaintiff’s motion to quash third party Ochoa v. Johnny depositions for production of business records propounded by defendants. Yan et al. Notice is proper and the motion is unopposed. Failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal.

Rules of Court, rule 8.54(c).) Failure to oppose a motion leads to the presumption that the non-moving party has no meritorious arguments. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 489.) A subpoena for business records “shall designate the business records to be produced either by specifically describing each individual item or by reasonably particularizing each category of item.” (Code Civ. Proc., § 2020.410, subd. (a).) A “party seeking to compel production of records from a nonparty must articulate specific facts justifying the discovery sought; it may not rely on mere generalities.” (Board of Registered Nursing v.

Superior Court (2021) 59 Cal.App.5th 1011, 1039.) The subpoenas broadly seek all of plaintiff’s medical records from several medical providers, with no limitation as to time period or type of medical condition. Plaintiff has put some attributes of his physical condition in issue by bringing the complaint, but the subpoenas are overbroad as drafted. The motion is GRANTED. The court will prepare the order.