Judge: John J. Kralik, Case: 21STCV43306, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV43306    Hearing Date: December 16, 2022    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.   Allegations

Plaintiffs Lorena Molina, individually and as successor-in-interest to The Estate of Alfonso Molina, and Alana Molina allege that Defendant Carole Trist was the owner of a 2007 Lexus ES350 SIL.  They allege that on March 16, 2021, Decedent Alfonso Molina (“Decedent”) was operating a 2005 Mercedes Benz CLK500 SIL on the I-210 freeway in San Fernando. Plaintiffs allege that Decedent’s vehicle became disabled on the freeway and stalled between lane no. 3 and lane no. 4, and a lit flare was placed near Decedent’s disabled vehicle to warn drivers of the potential hazard.  Plaintiffs allege that Defendant was driving in lane no. 5, changed to lane no. 4 while approaching Decedent’s vehicle, and hit Decedent’s vehicle when attempting to change from lane no. 4 to lane no. 3.  At the time of the collision, Decedent was in his vehicle and both cars spun out.  Plaintiffs allege that this incident caused Decedent to suffer fatal injuries.

The first amended complaint (“FAC”), filed January 11, 2022, alleges a single of action for wrongful death and survival action sounding in negligence.

B.    Motion on Calendar

On August 31, 2022, Defendant filed a motion to compel the production of documents and for monetary sanctions by and from the custodian of record for Ryan Haqq, M.D.[1]

The Court is not in receipt of an opposition brief.

DISCUSSION

            Defendant argues that she subpoenaed Decedent’s records from Dr. Haqq, who was identified as one of Decedent’s treating physicians.  Defendant seeks these medical records to ascertain Decedent’s pre-accident condition. 

            Defendant served a deposition subpoena on the Custodian of Records for Ryan Haqq, M.D., seeking the production of business records by June 13, 2022.  (Mot., Ex. A.)  The request sought the following documents:

Any and all documents and records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient / outpatient charts, pathology slides of specimens, hard copy of EEG's, ECG's & EKG's, color photographs and/or color surgical photographs & electronic files and/or electronic charts. An x-ray breakdown of any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, and any other films, documenting body parts, dates taken and number of films taken. (To possibly be produced at a later date under this subpoena.) Any and all records of payment and /or discount regarding any medical billing as well as the bills themselves, billing information, including but not limited to procedure and diagnosis codes, statements, computer printouts, itemized breakdown of all charges, payments, adjustments/write-offs or balance due, including but not limited to, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as all EOBs from any insurance carrier reflecting any and all credits and adjustments and write-offs to the bills by virtue of any payments and/or contractual agreements/adjustments, including fees, etc. for professional services including Medicare, Medicaid, etc., pertaining to ALFONSO RAUL MOLINA, born on 08/01/1942, with SS# UNK

Records from 1/1/2011 to Present.

To include all electronic communications from and to the patient. Including records for ordinary treatment, for litigation purposes and/or workers' compensation , liens, lien agreements, drafts of same, financial arrangements of any kind including any arrangements as to who is pay or guarantee payment, factoring agreements and all correspondence and emails or phone logs regarding same, assignments or agreements to assign billing or collection rights and all correspondence or emails or phone logs as to same, all correspondence including emails to or from any factoring company, medical billing acquisition company, collection company or related organization.

(Mot., Ex. A.)  Defense counsel, Ronald Zurek, states that discovery demonstrated the Decedent was elderly, experienced a number of medical problems, and was taking medication for various things including dementia at the time of the accident.  (Zurek Decl., ¶2.) 

            Ascertaining the pre-accident condition of Decedent is relevant to this action.  However, Defendant has not stated why information regarding billing and payment is necessary to ascertain Decedent’s pre-accident condition—particularly where it appears that Decedent was not treated by Dr. Haqq for his injuries as a result of the accident.  Further, medical records from January 1, 2011 to the present appears to be overbroad in scope.  The subject incident occurred on March 16, 2021.  As such, the subpoena will be limited to 5 years before the date of the accident, or March 16, 2016 to the present.

            The motion is granted subject to the limitations provided in this order.  Defendant should re-propound the deposition subpoena on Dr. Haqq and the custodian of records with a tailored document request in conformity with this order.  Service of the deposition subpoena should be made pursuant to code and in a manner that will provide Dr. Haqq with adequate notice to comply with the request.

            Defendant seeks sanctions against the custodian of records for Dr. Haqq in the total amount of $1,412.50, which includes the 2.5 hours to prepare this motion and 1 anticipated hour for the hearing at $215/hour, $60 filing fee, $100 anticipated cost of serving the motion on the custodian, and $500 pursuant to CCP § 1992 for the custodian’s disobedience of the subpoena.  At this time, the Court declines to award sanctions to Defendant for this motion.  If, following this order, there is still a delay in obtaining responses and another motion is filed, the Court will consider sanctions at that time.  

CONCLUSION AND ORDER

Defendant Carole Trist’s motion to compel production of documents by and from the custodian of record for Ryan Haqq, M.D. is granted subject to the limitations stated in the Court’s written order. 

The request for sanctions is denied.

Defendant shall give notice of this order.