Judge: Kevin C. Brazile, Case: 23STCV26746, Date: 2024-06-05 Tentative Ruling

Hearing Date: June 5, 2024

Case Name: Pfau v. Riko Wiemer International, LLC, et al.

Case No.: 21STCV27719

Matter: Motions to Compel (2x)

Moving Party: Defendant Riko Weimer International, LLC 

Responding Party: (a) Plaintiff Jeremy Pfau

(b) Non-party Allyn Rodriguez, PsyD 

Notice: OK

Ruling: The Motions are granted in part.

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. 

On July 28, 2021, Plaintiff Jeremy Pfau filed the operative Complaint against Defendants Riko Wiemer International, LLC and Riko Wiemer (actually spelled “Weimer”) for (1) violation of Labor Code §§ 1182.12, 1194, 1197, 1197.1, and 1198 (Unpaid Wages); (2) violation of Labor Code §§ 226.7 and 1198 (Failure to Authorize and Permit Rest Periods); (3) violation of Labor Code § 2802 (Unreimbursed Business Expenses); (4) violation of Labor Code §§ 201-202 (Wages Not Timely Paid Upon Termination); (5) violation of Business & Professions Code §§ 17200, et seq., (6) retaliation in violation of Labor Code § 1102.5; and (7) wrongful termination.  Plaintiff alleges he was a piano instructor for Defendants and that he was not paid for all hours worked, not paid for business expenses, and not given rest breaks.  Plaintiff alleges he was terminated for complaining about these issues.

On June 9, 2022, Riko Weimer International, LLC and Riko Weimer filed a First Amended Cross-Complaint (“FACC”) against Pfau for (1) breach of contract, (2) violation of the UCL, (3) constructive fraud, (4) breach of fiduciary duty, (5) breach of the duty of loyalty, and (6) breach of the implied covenant of good faith and fair dealing.  Among other things, Cross-Complainants allege that Pfau improperly competed with their business; failed to give proper notice of his resignation; and failed to return his master key.

Riko Weimer International, LLC now seeks to compel Timothy Pylko, MD and Allyn Rodriguez, PsyD to comply with business record subpoenas issued to them.  The subpoenas at issue seek: “All documents and tangible things (including any computer-recorded, audiotape or videotape materials) that relate or refer to any medical, psychiatric, psychological, physical or mental condition, diagnosis, counseling, treatment and/or examination of JEREMY PFAU ("PFAU") (DOB 2/06/1990) including, but not limited to January 1, 2018 - Present.”

Plaintiff argues that the subpoenas are overbroad in light of his privacy rights and the psychotherapist-patient privilege.  

Allyn Rodriguez, PsyD filed his own opposition, arguing: “Riko is not entitled to any of Mr. Pfau’s psychotherapy records at this point because Riko has not identified a specific mental or emotional condition, such as anxiety, depression, or PTSD, that Mr. Pfau has made at issue in his case by claiming them as damages. In essence, Riko is fishing out of season with an illegal net.”

Pfau identified his emotional distress in discovery and stated that it is ongoing.  In light of privacy rights, the Court will narrow the subject subpoenas to pertain only to Pfau’s particular conditions: “depression, nervousness, humiliation, loss of sleep, anguish, embarrassment, shock, pain, discomfort, fatigue, and anxiety.”  

The core of this dispute arose around November 2020.  Therefore, the temporal scope of the subpoenas will also be narrowed to November 1, 2019, to the present.

The subpoenas are to be complied with subject to this narrowing.  The Motions are granted in part as set forth herein.  Production of documents should occur within 30 days.  

Moving parties 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.