Judge Lee W. Tsao, Case Number: 21STCV30736, Date: 2024-01-03 Tentative Ruling

Judge: Lee W. Tsao, Case: 21STCV30736, Date: 2024-01-03 Tentative Ruling

Case Number: 21STCV30736 Hearing Date: January 3, 2024 Dept: C

cintron v. los angeles county, et al.

CASE NO.: 21STCV30736

HEARING: 1/3/24 @ 9:30 AM

Defendant’s Motion to Compel is GRANTED.

Moving Party to give NOTICE.

Defendants Myung Soo Kim and CRH California Water, Inc. (collectively “Defendants”) move to compel compliance with their subpoenas to non-parties Bellflower Middle/High School, Downey High School, and The University of Phoenix, Inc.

Background

Plaintiffs Maurina Marilu Cintron and Minors Athenna Gardea and Jinessa Careaga through their guardian ad litem Maurina Marilu Cintron (collectively “Plaintiffs”) filed a Complaint against Defendants for Motor Vehicle Negligence.

Legal Standard

“If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).)

Discussion

Defendants issued subpoenas to three schools attended by Plaintiff Cintron: Bellflower Middle School (Bellflower), Downey High School (Downey), and the University of Phoenix, Inc. Plaintiff Cintron is 37 years old.

The Bellflower subpoena seeks “[a]ny and all documents and records pertaining to the scholastic and academic ability of Maurina Cintron, born on April 1, 1986, … including, but not limited to, all transcripts, report cards, disciplinary records, absentee records, teacher comments, test results and student health medical records, from any and all dates.”

The Downey and University of Phoenix subpoenas seek “[a]ll written or electronic education-related records pertaining to Maurina Cintron, date of birth 04/01/1986 covering the period from January 1, 1998 to the present including, but not limited to, all transcripts, report cards, discipline, attendance, absences teacher comments, test results, raw data relating to tests, student health records including medical and health records relating to the head, neck, back, upper and lower extremities, mental health records and reports relating to stress and/or anxiety and/or depression including notes and test results, incident reports, Individualized Education Programs and 504 Education Plans and any other education records maintained, records relating to any accommodations and/or requests for accommodations relating to any physical and/or medical and/or psychological conditions, in the student's file(s).”

The subpoenas seek two categories of information: educational and health records.

First, as to the health records sought, the subpoenas seek discoverable information because Plaintiff Cintron has partially waivered her right to privacy by placing her certain physical and mental conditions at issue. There is “an implicit waiver of a party's constitutional rights” concerning “discovery directly relevant to the plaintiff's claim and essential to the fair resolution of the lawsuit.” (Vinson v. Superior Court (1987) 43 Cal.3d 833, 842.) Plaintiff Cintron has listed complaints of injuries to her head, neck, back, arms, and legs and anxiety and depression that she attributes to the accident in her response to Form Interrogatory 6.3. Thus, those conditions were put at issue by Plaintiff Cintron and are discoverable.

Second, as to the educational records, Defendants argue that the records are necessary to evaluate Plaintiff Cintron’s pre-accident baseline regarding her claims for traumatic brain injury and cognitive functioning. Plaintiff Cintron testified in her deposition that she was diagnosed with depression in high school and a learning disability in elementary school. Records obtained by Defendants indicate Plaintiff experienced anxiety in college. Plaintiff Cintron argues that the information is protected by her privacy rights and her pre-accident baseline can be evaluated through less invasive means of discovery. Plaintiff Cintron emphasizes that Defendants have already propounded written discovery, conducted a 7-hour deposition of Plaintiff Cintron, deposed her daughters, subpoenaed her medical records, and conducted three IMEs. The Court finds that Defendants have the better argument. The records they seek can be used to confirm, contradict, or augment the evidence produced so far. While Defendants have already conducted significant discovery into Plaintiff Cintron’s medical and psychological condition, the Court determines that the additional records sought by Defendants are also necessary considering Plaintiff Cintron’s claimed injuries.

Accordingly, Defendant’s Motion to Compel is GRANTED.