Judge: Lee W. Tsao, Case: 22STCV17563, Date: 2023-01-19 Tentative Ruling

Case Number: 22STCV17563    Hearing Date: January 19, 2023    Dept: C

THOMAS v. DOWNEY POST ACUTE

CASE NO.: 22STCV17563

HEARING:  01/19/23

ADD ON

TENTATIVE RULING

Plaintiff’s Motion to Modify Defendant EXCELL HOME CARE, INC.’s Subpoena is GRANTED in part.

Moving Party to give Notice.

In April 2021, Plaintiff DEBRA THOMAS fell from her wheelchair while riding in a vehicle provided by Access Services.  Plaintiff was injured during the incident and was treated by defendants in the weeks that followed.  Plaintiff filed this elder abuse action on May 27, 2022. Plaintiff alleges, in pertinent part, “On or about May 14, 2021 plaintiff Debra Thomas was assessed by defendants Excell Home Care, Inc…. [¶] Defendants Excell Home Care, Inc… failed to provide home health care on May 15, 16, and 17, 2021….” (Complaint ¶¶34-35.)

In August 2022, Defendant EXCELL HOME CARE, INC. (“Excell”) issued the following subpoena for Plaintiff’s records from Access Services: “Date Rage: September 1, 2012 to Present ONLY. Any and all medical and/or transport records including handwritten records, electronic records, and computer generated/stored records pertaining to any transport of Debra Thomas including but not limited to eligibility, transit evaluation, approval records, reports, logs, notes, evaluation forms, requests, reservations, beyond the curb service, information from Where’s My Ride App, incident reports, investigations, Run Sheets, photographs, audio recordings, videotapes, print outs, insurance records, billing statements, invoices, coupon books, receipts from coupon books, Free Fare Program invoices, Stand Information Directory, Rider 360 trip histories, and other program trip histories.”

Plaintiff moves for an order to modify Excell’s subpoena for production of records issued to Access Services. Plaintiff argues the subpoena is overbroad, irrelevant, violates Plaintiff’s right to privacy, and is not reasonably calculated to lead to the discovery of admissible evidence. Specifically, Plaintiff argues that Excell is not entitled to Plaintiff’s “lifetime medical history.” (See Plaintiff’s Separate Statement 2:19-23.)

In Opposition, Excell argues that it is entitled to the documents requested to determine Plaintiff’s physical condition before, during, and after a purported fall that occurred while Plaintiff was riding in a van provided by Access Services; to verify information provided by discovery; to identify potential witnesses and defenses and to evaluate Plaintiff’s claimed damages.

C.C.P. §1987.1(a) provides, as follows: “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.”

The date range requested in the subpoena (September 1, 2012 to the present) is overbroad as to time.  Counsel for Excell proposes to limit the date range to records from January 1, 2021 to the present.  The court finds this to be a reasonable period of time. 

The Court does not find that the subpoena is overbroad as to scope.  Defendant Excell is entitled to discover any other incidents involving Plaintiff while a passenger in an Access Services vehicle.  Also, Plaintiff has placed her medical history at issue in this action. The records sought (limited in time) are relevant to determining Plaintiff’s physical state before, during, and after Plaintiff’s fall that may have caused/contributed to Plaintiff’s injuries in this action. 

The Motion to Modify the Subpoena is GRANTED in part. The subpoena to Access Services is limited to records from January 1, 2021 to Present.