Judge: Gregory Keosian, Case: 21STCV33705, Date: 2023-02-28 Tentative Ruling
Case Number: 21STCV33705 Hearing Date: February 28, 2023 Dept: 61
Plaintiff Lindsey Sterling’s Motion for Protective Order is
GRANTED in part. Defendant may seek Plaintiff’s mental health records from 2015
onward, but not Plaintiff’s other medical records.
I. MOTION
FOR PROTECTIVE ORDER
Although
Plaintiff Lindsey Sterling (Plaintiff) styles the present motion one for a
protective order, the practical relief requested is more akin to that of a
motion to quash a subpoena under Code of Civil Procedure § 1987.1. (Motion at
p. 4.)
“If a subpoena requires the attendance of a
witness or the production of books, documents, electronically stored
information, or other things before a court, or at the trial of an issue
therein, or at the taking of a deposition, the court, upon motion reasonably made
by any person described in subdivision (b), or upon the court's own motion
after giving counsel notice and an opportunity to be heard, may make an order
quashing the subpoena entirely, modifying it, or directing compliance with it
upon those terms or conditions as the court shall declare, including protective
orders. In addition, the court may make any other order as may be appropriate
to protect the person from unreasonable or oppressive demands, including
unreasonable violations of the right of privacy of the person.” (Code Civ.
Proc. § 1987.1, subd. (a).) A party may bring a motion under this section.
(Code Civ. Proc. § 1987.1, subd. (b)(1).)
Plaintiff moves to quash a subpoena issued by
Defendant Prada USA (Defendant) to nonparty Kaiser Foundation Hospital
(Kaiser), seeking “[a]ll medical and mental health records” of Plaintiff “from
January 2015 to present.” (Motion Exh. 1.) Plaintiff argues that the subpoena
is overbroad, in that it seeks all medical records within the period without
limitation, rather than being limited to only those at issue in this case,
which would narrowly concern Plaintiff’s allegations of emotional distress.
(Motion at p. 3.)
Defendant in opposition argues that Plaintiff
has put her mental health at issue by virtue of her claim for emotional
distress and testimony that she sought medical relief from such distress with
providers at Kaiser. (Opposition at pp. 6–9.) Defendant argues that the
relevance of the discovery to issues in this litigation thus outweighs
Plaintiff’s privacy interests. (Ibid.) Moreover, Defendant contends that
it has already obtained Plaintiff’s medical records by subpoena — without any mental
health records — by a prior subpoena issued to Kaiser in September 2022, to
which Plaintiff did not object. (Papac Decl. ¶¶ 5–6, Exh. E.) The present
subpoena, issued in November 2022, was promulgated based on Kaiser’s
representations that a separate subpoena for Plaintiff’s mental health records would
be necessary to obtain them. (Papac Decl. ¶¶ 6–7.)
The
California Constitution protects an individual’s right to privacy. (Davis v. Superior Court (1992) 7
Cal.App.4th 1008, 1013.) The right to privacy extends to medical records. (John B. v. Superior Court (2006) 38
Cal.4th 1177, 1198.) Communications between patients and their physicians or
psychotherapists are also protected by statutory privileges. (Evid. Code §§ 994
[physician-patient], 1014 [psychotherapist-patient].)
None
of these protections or privileges is absolute. Physician-patient privilege
does not exist if the communication sought is “relevant to an issue concerning
the condition of the patient in a proceeding to recover damages on account of
the conduct of the patient if good cause for disclosure of the communication is
shown.” (Evid. Code § 999.) Likewise, no privilege exists for
patient-psychotherapist communications if “relevant to an issue concerning the
mental or emotional condition of the patient” if such issue has been tendered
by the patient. (Evid. Code § 1016, subd. (a).)
In
the constitutional context, “[t]he party asserting a privacy right must
establish a legally protected privacy interest, an objectively reasonable
expectation of privacy in the given circumstances, and a threatened intrusion
that is serious. The party seeking information may raise in response whatever
legitimate and important countervailing interests disclosure serves, while the
party seeking protection may identify feasible alternatives that serve the same
interests or protective measures that would diminish the loss of privacy.” (Williams v. Superior Court (2017) 3
Cal.5th 531, 552.)
“[W]hile
the filing of a lawsuit may implicitly bring about a partial waiver of one's
constitutional right of associational privacy, the scope of such ‘waiver’ must
be narrowly rather than expansively construed, so that plaintiffs will not be
unduly deterred from instituting lawsuits by the fear of exposure of their
private associational affiliations and activities. Therefore . . . an implicit
waiver of a party's constitutional rights encompasses only discovery directly
relevant to the plaintiff's claim and essential to the fair resolution of the
lawsuit.” (Vinson, supra, 43 Cal.3d at p. 842.)
Good
cause supports the subpoena. Specifically, the subpoena’s request for
Plaintiff’s “mental health records” dating from 2015 onward is relevant to
issues related to Plaintiff’s claim for emotional distress damages. Although
Plaintiff has a privacy interest in these records, this interest is mitigated
by Plaintiff’s claim for distress damages, as well as her discovery responses
indicating that she was seeking damages for mental ailments arising from
Defendant’s alleged conduct and seeking relief from providers at Kaiser.
(Opposition at pp. 3–4.) Plaintiff’s interest in the privacy of these materials
is further protected by the limitation in time in the subpoena to records
dating from 2015, which is when Plaintiff alleged the hostile work environment
began. (Complaint ¶ 29.) Plaintiff may further guard the records at issue by
securing a protective order regulating use of the records obtained.
However,
the subpoena is overbroad in seeking Plaintiff’s “medical . . . records,” in
addition to Plaintiff’s mental health records. Defendant acknowledges that it
has already obtained Plaintiff’s medical records related to physical medical
issues (Papac. Decl. ¶ 6) and there is little reason to seek duplicative
production of the same documents, which are also likely to be less relevant than
the documents related to Plaintiff’s mental health.
Accordingly,
the motion to quash is GRANTED in part. Defendant may seek Plaintiff’s mental
health records from 2015 onward, but not Plaintiff’s other medical records.