Judge: Elaine W. Mandel, Case: 23SMCV01490, Date: 2023-09-28 Tentative Ruling

Case Number: 23SMCV01490    Hearing Date: September 28, 2023    Dept: P

Tentative Ruling

Delakas v. 2542 Barrington Partners, LLC, Case No. 23SMCV01490

Hearing Date September 28, 2023

Plaintiff Delakas’ Motions to Quash Deposition Subpoenas (UNOPPOSED)

Plaintiff Delakas alleges defendant landlord 2542 Barrington failed to mitigate various uninhabitable conditions. Defendant sent deposition subpoenas to Bernardine Fried, LMFT, Beverly Hills Lung and Sleep Institute, Aetna Health of California (plaintiff’s medical provider and health insurer), Sutton Place Apartments, Ocean Park Boulevard (plaintiff’s prior landlords) and Mercury Insurance Company (rental insurance provider).

Delakas argues the subpoenas are overly broad and burdensome. While some medical records may be discoverable, as plaintiff put her physical and mental health at issue, the subpoenas to Fried, the Sleep Institute and Aetna seek all records concerning treatment without limitation as to time or subject matter.

Similarly, while rental insurance may be relevant, the subpoena places no limitation as to time. To the extent it seeks information prior to her tenancy, it is overbroad. Delakas’ prior rental records has no clear relevance here, so requests to prior landlords not appropriate.

As defendant filed no opposition, the motion is GRANTED. Defendant may serve subpoenas that are more narrowly tailored, per the ruling.