Judge: Kevin C. Brazile, Case: 20STCV49866, Date: 2023-08-28 Tentative Ruling

Hearing Date: August 28, 2023

Case Name: Kaplan v. Gimelstob

Case No.: 19STCV19647

Matter: Motion to Quash Subpoena

Moving Party: Randall Kaplan 

Responding Party: Justin Gimelstob

Notice: OK

Ruling: The Motion is denied.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an action arising from a fist fight during Halloween trick-or-treating.  

Randall Kaplan now seeks to quash a subpoena for appearance and production issued to his psychiatrist, Winston Drew Alt.  Randall claims that the subpoena seeks irrelevant information as Randall is not asserting emotional distress damages.  Randall argues that the documents at issue are subject to privacy, privilege, and confidentiality rights.

Code of Civil Procedure § 1987.1 authorizes courts to quash a subpoena entirely, modify it, or direct compliance with it upon the court’s own terms and conditions, including protective orders. In addition, the court may take other appropriate means to protect parties or nonparties “from unreasonable or oppressive demands, including unreasonable violations of the right of privacy.”  (Code Civ. Proc. § 1987.1(a).)  Discovery devices are meant to facilitate litigation, not wage it.  (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 221.)

The subpoena at issue seeks documents relating to the diagnosis and treatment of Randall for symptoms of anxiety, panic, memory loss, stress, migraines, depression, and concussion.  

The subpoena is directly relevant to Randall’s damages in that Randall’s other physician diagnosed Randall with a concussion due to his statements that he suffered from the symptoms described in the subpoena after Halloween 2018.  

The Motion to Quash is denied.  The Court sanctions Randall in the reduced amount of $1,500.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.