Judge: Lynne M. Hobbs, Case: 22STCV26859, Date: 2023-08-03 Tentative Ruling

Case Number: 22STCV26859    Hearing Date: August 4, 2023    Dept: 30

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KEITH SIDLO vs CODY LOWE, et al.
22STCV26859
Motions  to Quash Deposition Subpoena

Ruling:  Defendant Lowe's Motion to Quash subpoena is granted.  Lowe's request for sanctions is granted.  The Court orders Plaintiff and Plaintiff's counsel of record, Nicholas C. Rowley of Trial Lawyers for Justice, jointly and severally to pay monetary sanctions in the amount of $370 to Lowe, by and through counsel for Lowe, within 30 days of notice of the issuance of this order.  Moving party to give notice. 

Rationale: 

Plaintiff seeks discovery of all of Lowe’s medical records from November 2, 2011 onward. However, as noted above, Lowe has a constitutionally protected right to privacy in his medical records, as well as a statutory privilege preventing disclosure of his confidential communications between himself, as a patient, and his physician. Further, Lowe has not waived his privacy rights, or physician-patient privilege, by filing an action where his medical condition or medical history is at issue. As Lowe argues in support of his motion, he is a defendant in an action where the only injuries at issue are those of Plaintiff, and Lowe has not brought a counter claim against Plaintiff arguing that Plaintiff is liable for any injuries Lowe may have sustained.

Plaintiff does not have a legitimate discovery interest in Lowe’s medical records from UCLA Medical Center, Olive View Radiology Department for the following reasons: (1) Lowe’s medical records are protected under his constitutional right to privacy, as well as the statutory patient-physician privilege; (2) Lowe has not waived his right to privacy or statutory privilege by filing a claim which places his medical condition at issue; and (3) Plaintiff has failed to articulate any other compelling interest which may justify the production of Lowe’s medical records at issue in the subpoena. As such the subpoena as currently drafted will result in the disclosure of records that are unrelated to the claims at issue and are further private and undiscoverable. 

In regards to sanctions, even though this motion was unopposed, the Court finds the imposition of sanctions appropriate. The Court awards one hour of attorney time to prepare the moving papers at a rate of $250 per hour, plus $120 ($60.00 for each) filing fee.