Judge: John J. Kralik, Case: 23BBCV01414, Date: 2024-01-26 Tentative Ruling

Case Number: 23BBCV01414    Hearing Date: January 26, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff David Marcus King (“Plaintiff”) alleges that on March 24, 2022, Plaintiff was fully stopped at a red light facing southbound on Laurel Canyon Boulevard at the intersection of Oxnard Street when Defendant driver Robin Ramon Ha Rivera’s negligence and unsafe speed caused Defendants Rivera and Douglas Kinzley’s vehicle to rear-end Plaintiff’s vehicle causing the collision and Plaintiff’s injuries and damages. 

The complaint, filed June 23, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. 

B.     Motion on Calendar

On December 26, 2023, Plaintiff filed a motion to quash subpoenas for records.

On January 12, 2024, Defendants filed an opposition brief.

DISCUSSION

            Plaintiff moves to quash the deposition subpoenas for production of business records dated November 30, 2023 served on LA City Fire Department/EMS Records Unit, Providence Saint Joseph Medical Center/Medical Records, Providence Saint Joseph Medical Center/Billing, Providence Saint Joseph Medical Center/Radiology Department, and Synergistic Systems, LLC.  (Mot. at Ex. 1.)  Plaintiff objects on the grounds that the subpoenas: (1) violate Plaintiff’ right to privacy in his medical records and seek records unrelated to his injuries, conditions, and body parts at issue in the case; (2) violate the physician-patient privilege and/or psychotherapist-patient privilege and the subpoenas are not narrowly tailored to address the documents pertinent to this case; (3) violate his right of privacy in financial information and documentation, as they seek billing, financial, and insurance records unrelated to this case; (4) are overbroad in scope and time; (5) violate the collateral source rule; and (6) fail to comply with the timing and notice requirements of CCP §§ 2020.410 and 1985.3(b).

            The subpoenas seek the following information and documents:

·         LA City Fire Department/EMS Records Unit: Any and all documents, paper, and digital records pertaining to the case, treatment, and examination of Plaintiff including but not limited to all transport records, call-in logs, notes, correspondence, medical and medication records, and itemized billing charges for records 10 years prior to the present.

·         Providence Saint Joseph Medical Center/Medical Records: Any and all documents, paper, and digital records pertaining to the case, treatment, and examination of Plaintiff including but not limited to all office, ER, inpatient, and outpatient charts/records, as well as electronic communications from and to Plaintiff, intake forms, and diagnostics reports, from 10 years prior to the present.

·         Providence Saint Joseph Medical Center/Billing: Any and all paper/digital records of payments and/or discounts regarding any medical billing, etc. for Plaintiff from 10 years prior to the present. 

·         Providence Saint Joseph Medical Center/Radiology Department: Any and all x-ray films, MRI films, CAT scans, etc. specific to Plaintiff from 10 years prior to the present. 

·         Synergistic Systems, LLC: Any and all documents pertaining to the care, treatment, and examination of Plaintiff, including billing information and payments, etc. for Plaintiff from 10 years prior to the present. 

(See Mot. at Ex. 1.) 

            Plaintiff argues that the subpoenas seek information that is unrelated to Plaintiff’s injuries, conditions, and body parts at issue in this present case and that the subpoena requests are not narrowly tailored in scope or time.  Plaintiff argues that he has identified in FROG No. 6.2 the specific body parts that were injured as a result of the accident, which include the head, face, neck, upper back, mid back, low back pain radiating to bilateral hips, bilateral shoulders, and TBI.  (John Ksajikian Decl., ¶¶6-7.) 

            In opposition, Defendants argue that Plaintiff has essentially claimed that his entire body is at issue in this action as a result of the subject accident.  Defendants argue that they agreed to limit the subpoenas to Plaintiff’s musculoskeletal and neurological systems, excluding his internal medicine records and limiting the subpoenas to 5 years.  Defendants argue that Plaintiff filed this motion though Defendants have been trying to informally resolve the matter. 

The Court has summarized and reviewed the subpoenas for records and finds that they are unreasonably broad in scope as currently requested.  While a plaintiff is not obligated to sacrifice all privacy to seek redress for a specific physical, mental, or emotional injury, “they may not withhold information which relates to any physical or mental condition which they have put in issue by bringing this lawsuit.”  (Britt v. Superior Court (1978) 20 Cal.3d 844, 864; City & County of San Francisco v. Superior Court (1951) 37 Cal.2d 227, 232.)  A plaintiff suing for personal injuries waives the physician-patient privilege to some extent, but this does not make discoverable all of a plaintiff’s lifetime medical history.  (Britt, supra, 20 Cal.3d at 863-64.)    

The Court agrees that the documents sought regarding the accident and Plaintiff’s purported injuries therefrom are relevant to this action in order for Defendants to ascertain and evaluate the extent of Plaintiff’s injuries and Defendants’ liability.  In this motor vehicle accident lawsuit, Plaintiff claims various injuries to his head, face, neck, upper back, mid back, low back pain radiating to bilateral hips, and bilateral shoulders, as well as TBI.  While Plaintiff’s claimed injuries appear to extend over the body, the entirety of all of Plaintiff’s medical history and billing information are not necessarily at issue and thus the subpoenas are overly broad in time and in scope.  (For example, Plaintiff does not claim any injuries to his arms or legs.) 

As such, the subpoenas will be modified and restricted in time. As offered by Defendants, the subpoenas shall be limited to Plaintiff’s musculoskeletal and neurological systems, excluding his internal medicine records from 5 years prior to the accident to the present. 

CONCLUSION AND ORDER

            Plaintiff David Marcus King’s motion to quash subpoenas for records is granted in part and denied in part.  The Court will modify the subpoenas so that they are limited in scope and time.  Defendants are ordered to re-serve the subpoenas for records on LA City Fire Department/EMS Records Unit, Providence Saint Joseph Medical Center/Medical Records, Providence Saint Joseph Medical Center/Billing, Providence Saint Joseph Medical Center/Radiology Department, and Synergistic Systems, LLC such that they limited to Plaintiff’s musculoskeletal and neurological systems, excluding his internal medicine records, and the production shall be limited to a period no more than 5 years from the date of the incident.  

            Plaintiff shall provide notice of this order.

DATED: January 26, 2024                                         ______________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court