Judge: Elaine W. Mandel, Case: BC719301, Date: 2022-08-17 Tentative Ruling

Case Number: BC719301    Hearing Date: August 17, 2022    Dept: P

Tentative Ruling
Hill v. Cedars Sinai Marina Del Rey Hospital et al., Case No. BC719301
Hearing Date August 17, 2022
Plaintiff Hill’s Motion to Quash Subpoena of Mental Health Records 

Plaintiff Hill alleges injury at defendant Equinox Gym and subsequent negligent medical care from defendant Cedars Sinai. Defendant Cedars subpoenaed all records from Hill’s therapist Cathy Chambliss, MFT. Hill moves to quash. 

Filing a personal injury action seeking pain and suffering/emotional distress damages does not, without more, make plaintiff’s psychotherapeutic records discoverable. Davis v. Superior Court (1992) 7 Cal. App. 4th 1008, 1011. Cal. Evid. Code sec. 1014. 

Hill is not seeking emotional distress damages above and beyond that which would be expected with the type of injuries claimed, and she seeks to quash the subpoena on privacy grounds. The FAC claims “mental and emotional harm” because of Cedars’ alleged malpractice. FAC ¶23. 

However, plaintiff is not seeking emotional distress damages above and beyond that which would be reasonably expected of one who sustained similar injuries and similar alleged malpractice. Davis is very clear that simply filing a lawsuit seeking emotional distress damages does not – without more -- waive plaintiff’s privacy rights and make mental health treatment records discoverable. GRANTED.