Judge: Joel R Wohlfeil, Case: 37-2022-00025178-CU-PA-CTL, Date: 2023-09-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 11, 2023

09/14/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2022-00025178-CU-PA-CTL HAHN VS GOPHER MEDIA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Subpoena, 08/02/2023

The Motion (ROA # 137, 150, 156) of Defendants and Cross-Complainants Gopher Media LLC and Ajay Thakore ('Defendants') to quash and / or for a protective order of the subpoenas to 1) Dr. Brian Manjarres, Namaste Medical Group, 2) Scripps Release of Information, and 3) Vincent Filoteo, PhD, is DENIED IN PART and MOOT IN PART.

The principal pleadings at issue in this Motion appear to be Defendants' Cross-Complaint - ROA # 87 - and the Answer - ROA # 122 - by Plaintiffs and Cross-Defendants KRISTOPHER HAHN and MEGAN HAHN ('Plaintiffs').

The Cross-Complaint alleges claims for a series of intentional torts including assault, battery and intentional infliction of emotional distress. The elements of these claims (for example, see CACI 1600(3) - Cross-Complainant Thakore 'suffered severe emotional distress') significantly broadens the scope of the discovery which Cross-Defendants would normally be entitled to obtain.

Based on the cross claims asserted by Cross-Complainants, the Court cannot find, as a matter of law, that the subpoenas seek materials which are not relevant or reasonably calculated to lead to the discovery of admissible evidence and are privileged.

The Motion to quash the subpoenas and for a protective order is DENIED. The alternative relief sought is MOOT.

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