Judge: Joel R Wohlfeil, Case: 37-2022-00042036-CU-PO-CTL, Date: 2023-12-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 12, 2023

12/14/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00042036-CU-PO-CTL CHOPIN VS BEHROUZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Subpoena, 11/01/2023

The Motion (ROA # 100) of Plaintiff CHRISTINA CHOPIN ('Plaintiff') for an order to quash the Deposition Subpoena for Production of Business Records by Defendants / Cross Defendants Amit Sangani, Strive Well Being, Inc. and Stephen Riegraf ('Defendants'), is GRANTED without prejudice.

The Court has read and considered Plaintiff's Complaint which alleges in pertinent part: '8. Defendant SANJAY SANGANI at the same time and place was present with his dog, a Boston Terrier ('SUBJECT DOG') on the property located at 3262 Holiday Court, La Jolla, CA 92037.

Defendant failed to control his dog who escaped his custody, and attacked Plaintiff.

9. The SUBJECT DOG caused injuries to Plaintiff including a bite to her right hand, causing injuries and nerve damage to her right hand. Plaintiff was unable to escape from the SUBJECT DOG until Defendant regained control over the SUBJECT DOG.

10. The incident hereinabove described caused Plaintiff's injuries and damages. As a sole, direct, and proximate result of the negligence of Defendants, and each of them, in the incident hereinabove described, Plaintiff was injured in her health, strength, and activity. Plaintiff's injuries include, but are not limited to, her legs and hands, all to her general damage in a sum which exceeds $25,000.00.' The Court has read and considered the Answer by Defendants Strive Well-Being, Inc., Amit Sangani and Stephen Riegraf - ROA # 93 - who deny the allegations and asserts twenty-six (26) affirmative defenses.

Based on the allegations in the Complaint, there does not appear to be any probative value to Plaintiff's alleged injuries to her legs and hands, arising from an alleged dog bite to her right hand, to the records Defendants seek to obtain from Plaintiff's former psychologist, Sage Breslin, at Healing Heart Center.

However, Defendants' opposition states, at page 2: 'As stated in Plaintiff's Motion, Plaintiff served verified written discovery responses to Form Interrogatory 6.2 on August 17, 2023. In response to Form Interrogatory 6.2, 'Identify each injury you attribute to the INCIDENT, and the area of your body affected,' Plaintiff claims: dog bite that broke through the skin of her right hand (dominant), punctures, infection, tendon damage, nerve damage, ligament damage, and subsequent Grand mal tonic-clonic seizure requiring hospitalization. (Emphasis added.) Calendar No.: Event ID:  TENTATIVE RULINGS

3046180 CASE NUMBER: CASE TITLE:  CHOPIN VS BEHROUZ [IMAGED]  37-2022-00042036-CU-PO-CTL As addressed in Defense counsel's meet and confer emails (Exhibit 'A' and Declaration of Eliot at paragraph 2) to counsel for Plaintiff regarding said subpoena, it is understood that Plaintiff is not claiming psychological injury due to the subject incident. However, Plaintiff is claiming that the seizure that she had on 9-10-21 was due to the alleged dog bite incident of 8-26-21 as confirmed by Plaintiff's response to Form Interrogatory 6.2.' Defendants assert that the records from Plaintiff's psychologist, Sage Breslin, at Healing Heart Center is probative of Plaintiff's claim that her 9-10-21 seizure was caused by the alleged dog bite. The Court cannot find, based on this record, that Plaintiff's psychological records may be relevant or reasonably calculated to lead to the discovery of admissible evidence, much less whether, on balance, Defendants' need for the discovery outweighs Plaintiff's privacy interests.

This Motion is GRANTED without prejudice to Defendants' ability to support their position with more than argument of their counsel; e.g., a declaration from an expert opining on the connection between Plaintiff's seizure and her psychological treatment.

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