Judge: Lynne M. Hobbs, Case: 21STCV30484, Date: 2023-05-16 Tentative Ruling

Case Number: 21STCV30484    Hearing Date: May 16, 2023    Dept: 30

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EVE OHAYON vs RYAN JOHNSON, et al.

21STCV30484

Motion to Quash, or alternatively to Modify and Limit Subpoena, by Plaintiff

Ruling:  Granted in part. 

The scope of the subpoena shall be limited to records regarding Plaintiff's leg injury from May 3, 2021 onward. 

Request for sanctions is denied. 

 Moving party to give notice.

Rationale:  The Court notes that the motion is untimely because it is not filed at least 5 days before the production date as required by CCP 1985.3; nevertheless, the Court retains jurisdiction to hear it.  The Court finds the subpoena to be overbroad and limits it to the date of the incident onward as well as the area of the body containing the injury.  As the Defendants have a legitimate discovery interest in seeking Plaintiff's medical records, and the Defendants were justified in opposing the motion, sanctions are denied.  CCP 1987.2(a).