Judge: Lee S. Arian, Case: BS170239, Date: 2024-11-18 Tentative Ruling

Case Number: BS170239    Hearing Date: November 18, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO COMPEL COMPLIANCE WITH SUBPOENA 

Hearing Date: 11/18/24 

CASE NO./NAME: BS170239 DANIEL GEOULLA VS CALIFORNIA AUTOMOBILE INSURANCE COMPANY 

Moving Party: Defendant

Responding Party: Unopposed

Notice: Sufficient¿ 

Ruling: GRANTED 

On July 20, 2017, Plaintiff filed the present case. The case is set for arbitration in early January 2025. On July 29, 2024, Respondent issued four deposition subpoenas directed to Mercury Insurance Company, seeking production of portions of its claim files pertaining to Plaintiff's involvement in subsequent accidents in 2017, 2018, 2022, and 2023. The subpoenas specifically requested the following records:

·        "All photos of damage to involved vehicles, Any medical records and bills submitted by Daniel Geoulla, Any police report related to the accident, Any repair estimates for involved vehicles. Date of Loss: 11/4/2023, Claim No.: CAPA02240258, Policy No.: CAAP00005 93 3 5 7, to be produced pertaining to Daniel Geoulla, DOB: January 4, 1978, SS# UNK, from 10/03/2003 to present."

·        "All photos of damage to involved vehicles, Any medical records and bills submitted by Daniel Geoulla, Any police report related to the accident, Any repair estimates for involved vehicles. Date of Loss: 4/5/2022, Claim No.: CAP AO 1873977, Policy No.: 040104120165551, to be produced pertaining to Daniel Geoulla, DOB: January 4, 1978, SS# UNK, from 10/03/2003 to present."

·        "All photos of damage to involved vehicles, Any medical records and bills submitted by Daniel Geoulla, Any police report related to the accident, Any repair estimates for involved vehicles. Date of Loss:  9/22/2018, Claim No.: CAPA00966687, Policy No.: 04010412016555, to be produced pertaining to Daniel Geoulla, DOB: January 4, 1978, SS# UNK, from 10/03/2003 to present."

·        "All photos of damage to involved vehicles, Any medical records and bills submitted by Daniel Geoulla, Any police report related to the accident, Any repair estimates for involved vehicles. Date of Loss: 5/5/2017, Claim No.: CAPA00552173, Policy No.: 040104004301781, to be produced pertaining to Daniel Geoulla, DOB: January 4, 1978, SS# UNK, from 10/03/2003 to present."

Mercury Insurance Company did not comply with the subpoena request. Defendant now moves the Court to compel compliance. Plaintiff did not file an opposition.

The Court finds the subpoena to be reasonably tailored, as it pertains to Plaintiff’s four subsequent accidents and is limited to reports of the accidents, repair estimates, and medical records and bills. The motion is granted. However, the scope of the subpoena is to be limited to medical records related to injuries at issue in this case, specifically pertaining to the cervical spine. Furthermore, all personally identifiable information, including but not limited to Social Security numbers and other sensitive personal data, must be redacted from the records prior to production.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.