Judge: John J. Kralik, Case: 23BBCV01970, Date: 2024-04-19 Tentative Ruling

Case Number: 23BBCV01970    Hearing Date: April 26, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Monique Carmelete Almeida (“Plaintiff”) alleges that on May 28, 2022, she was involved in a motor vehicle accident with Defendant Jeffrey Paul Katz (“Defendant”) at Tujunga Ave. and Erwin St. in Los Angeles.  Plaintiff alleges that Defendant failed to make a stop at a posted stop sign, which caused his vehicle to collide with Plaintiff’s vehicle, resulting in Plaintiff sustaining bodily injuries. 

 The complaint, filed August 24, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. 

B.     Motion on Calendar

On March 20, 2024, Plaintiff filed a motion to quash subpoenas for production of business records dated February 16, 2024, served on MedAmerica Billing Services, Inc.

The Court is not in receipt of an opposition brief.

DISCUSSION

Plaintiff moves to quash the subpoena for production of business records served on MedAmerica Billing Services, Inc.  (Mot., Ex. 1 [Subpoena].) 

Plaintiff argues that the subpoenas violate her right to privacy in her medical, pharmaceutical, psychological, psychiatric, and/or psychotherapy records, violate the physician-patient privilege, and violate her right of privacy in her financial information.  Plaintiff requests that the motions be denied or that the subpoenas be limited to the relevant body parts at issue in this action.  The relevant body parts as listed in Form Interrogatory No. 6.2 include Plaintiff’s neck, shoulders, left wrist, lower back, right knee, and right ankle. 

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.)    

In this motor vehicle accident lawsuit, Plaintiff claims various injuries as described above.  However, the entirety 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.  As such, the subpoena will be modified and restricted in scope and time such as to seek those medical records and billing information described in the subpoena relevant to injuries or issues with Plaintiff’s neck, shoulders, left wrist, lower back, right knee, and right ankle, for the period of May 28, 2017 (5 years prior to the accident) to the present. 

CONCLUSION AND ORDER

Plaintiff Monique Carmelete Almeida’s motion to quash the deposition subpoena served on MedAmerica Billing Services, Inc. is granted in part such that the subpoena will be modified and restrict in scope and time such as to seek those medical records and billing information described in the subpoena relevant to injuries or issues with Plaintiff’s neck, shoulders, left wrist, lower back, right knee, and right ankle, for the period of May 28, 2017 (5 years prior to the accident) to the present. 

            Plaintiff shall provide notice of this order.

DATED:  April 26, 2024                                                        ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court