Judge: Daniel M. Crowley, Case: 20STCV23436, Date: 2022-09-28 Tentative Ruling
Case Number: 20STCV23436 Hearing Date: September 28, 2022 Dept: 28
Defendants R&R Studio Equipment, Inc., TFCF Entertainment Group, LLC, Kelly Murphy and Bryan Northup Motion to Compel Plaintiff’s Authorization for Release of Mental Health Records and Phone Records
Having considered the moving, opposing and reply papers, the Court rules as follows.
BACKGROUND
On June 22, 2020, Plaintiff Arash Arani (“Plaintiff”) filed this action against Defendants R&R Studio Equipment, Inc. (“R&R”), Fox Entertainment Group, Inc. (“Fox”), Kelly Murphy (“Murphy”), Bryan Northup (“Northup”) and John Williams (“Williams”) for motor vehicle negligence. Plaintiff later amended the complaint to include Defendant TFCF Entertainment Group, LLC (“TFCF”).
On September 10, 2020, Murphy filed an answer. On September 15, 2020, Williams filed an answer. On November 30, 2020, R&R filed an answer. On February 1, 2021, TFCF filed an answer. On February 24, 2021, Northup filed an answer.
On August 26, 2022, Defendants R&R, Murphy, Northup and TCFC (“Moving Defendants”) filed a Motion to Compel Plaintiff’s Authorization for Release of Mental Health Records and Phone Records. On September 14, 2022, Plaintiff filed an opposition. On September 21, 2022, Moving Defendants filed a reply.
Trial is currently scheduled for May 26, 2023.
PARTY’S REQUESTS
Moving Defendants request the Court order Plaintiff to provide an authorization for mental health records from west Valley Mental Health Center and the California Department of Mental Health, as well as an authorization and release for cellular telephone records from his phone carrier.
Plaintiff requests the Court deny the motion.
LEGAL STANDARD
A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (CCP § 2020.010.) A deposition subpoena may command the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (CCP § 2020.020.) The Court may order a third party to comply with a deposition subpoena upon any terms or condition as the court shall declare. (CCP § 1987.1.)
CRC Rule 3.1346 states “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”
DISCUSSION
The Court finds that this motion is improper. In the event that Moving Defendants are unable to obtain Plaintiff’s relevant medical records via subpoena, the appropriate course of action is to file a Motion to Compel Third-Party Compliance with a Deposition Subpoena. As articulated in Moving Defendants’ motion, this information is obtainable via Court order. Moving Defendants should thus attempt to obtain it via Court order, rather than having the Court order Plaintiff to sign a release.
Similarly, Moving Defendants should attempt to serve the relevant phone company prior to making this motion. Moving Defendants provided no information indicating that there was any attempt to meet and confer with Plaintiff regarding a release for phone records filing to this motion or that they attempted to serve the relevant phone companies.
Based on the above, the Court denies the motion as to both issues.
CONCLUSION
Defendants R&R Studio Equipment, Inc., TFCF Entertainment Group, LLC, Kelly Murphy and Bryan Northup Motion to Compel Plaintiff’s Authorization for Release of Mental Health Records and Phone Records is DENIED.
Moving party is ordered to give notice of this ruling.
Moving Party is ordered to file the proof of service of this ruling with the Court within five days.
The parties are directed to the header of this tentative ruling for further instructions.