Judge: Donald F. Gaffney, Case: "Martinez v. Letter Ride, LLC", Date: 2022-10-05 Tentative Ruling

TENTATIVE RULING: 

Motion to Compel Deposition

Defendants Letter Ride, LLC, and Dountae David move to compel the deposition of nonparty Advanced Pain Management Group. For the following reasons, the motion is DENIED in part and GRANTED in part.

Code of Civil Procedure Section 1987.1 provides that the court, upon noticed motion, may make an order compelling compliance, quashing, or modifying the deposition subpoena.

While no good cause showing is required, “when dealing with an entity which is not even a party to the litigation, the court should attempt to structure discovery in a manner which is least burdensome to such an entity. (Calcor Space Facility, Inc. v. Super. Ct. (1997) 53 Cal.App.4th 216, 222; see, e.g., Monarch Healthcare v. Super. Ct. (2000) 78 Cal.App.4th 1282, 1289-1290 [“Discovery procedures are generally less onerous for strangers to the litigation. That is because they are less likely to be represented by counsel, familiar with the issues, or able to react with alacrity before responses are due. Why ask more of them than of represented parties?” (citations omitted)].)

Here, the amended deposition subpoena requests that the nonparty witness disclose information via spreadsheet of every epidural steroid injection performed by the witness facility over 14 months. Defendants provide no authority providing that a subpoena can request the production of information by spreadsheet, and this court is aware of none. Even if that method of production was permitted, the scope of information sought, every epidural steroid injection performed by the witness facility over 14 months, is unduly burdensome on nonparty Advanced Pain Management Group. Only one patient’s medical records are at issue here. Also, the production of a custodian of records declaration authenticating the records should suffice. Defendants show no need for an in-person deposition.  The request is, on its face, overbroad.

No later than October 26, 2022, Advanced Pain Management Group shall produce documents responsive to categories 11-13 of the Amended Deposition Subpoena issued 05/19/2022.  Advanced Pain Management shall also concurrently serve a custodian of records declaration authenticating the records produced.

Defendants to give notice.