Judge: Kevin C. Brazile, Case: 24STCV10201, Date: 2024-09-06 Tentative Ruling

Hearing Date: September 6, 2024

Case Name: Heldman v. Liberty Utilities (Park Water) Corp., et al.

Case No.: 23STCV27944 

Matter: Motion to Quash Subpoena

Moving Party: Plaintiff Franklin Heldman 

Responding Party: Defendant Liberty Utilities (Park Water) Corp. 

Notice: OK

Ruling: The Motion is granted.

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 employment action.  Plaintiff Franklin Heldman seeks to quash a business record subpoena issued to her former/current employer, City of Monterey Park.

The subpoena at issue seeks: “All RECORDS, whether written, electronic or otherwise, that REFER TO OR RELATE TO YOUR employment of HELDMAN, including, but not limited to, HELDMAN’S personnel file, medical file, employment applications, offers letters, employment agreements, evaluations, discipline, timecards, work schedules, payroll records, and documents that reflect employment status (i.e., part time, full time, contract, per diem, or the like), changes in employment status, hours worked on a weekly basis, overtime worked, pay scale or pay rate, and employment benefits.”

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 is quite overboard in light of Plaintiff’s privacy rights.  Therefore, the Motion to Quash is granted.  

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.