Judge: Jill Feeney, Case: 20STCV41134, Date: 2022-10-05 Tentative Ruling
Case Number: 20STCV41134 Hearing Date: October 5, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 5, 2022
20STCV41134
Motion to Quash Defendant's Third-Party Subpoenas for Production of Plaintiff’s Academic Records
DECISION
The motion is denied as moot.
Sanctions are imposed because Defendant did not agree to a limitation on the scope of the subpoenas until after Plaintiff’s deadline to file this motion had passed. Defendant might have avoided this issue by conferring with Plaintiff prior to issuing the subpoenas in the first instance, particularly in light of the Court’s ruling on the first motion to quash.
Plaintiff requests sanctions in the amount of $1,161.65 (2 hours of attorney time at $550 per hour plus the $61.65 filing fee) against Defendant and Defendant’s counsel of record. The amount requested is reasonable. These sanctions are imposed jointly and severally and are due within 20 days after the date of this order.
The motion to quash set for hearing on 10/25/2022 is taken off calendar. All prior subpoenas served on California State University San Marcos and California State University Los Angeles are deemed withdrawn.
Defendant shall properly serve new subpoenas to California State University San Marcos and California State University Los Angeles.
Pursuant to the agreement of the parties, the subpoenas shall request the production of mental health and mental health counseling records for years 2016 through and including 2018 that relate to treatment for anxiety, panic attacks, hyperventilation, uncontrollable head movements, difficulty sleeping, fatigue, tension, nervousness, fright and/or worry.
Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.
