Judge: Lynne M. Hobbs, Case: 23STCV08256, Date: 2023-10-19 Tentative Ruling

Case Number: 23STCV08256    Hearing Date: October 19, 2023    Dept: 30

SARA HANDO PAPA, AN INDIVIDUAL vs FRANK SCHLIFF, AN INDIVIDUAL

Motion to Quash Subpoena

TENTATIVE

Plaintiff's Motion to Quash Subpoena is granted.  Moving party to give notice.

DISCUSSION

Plaintiff establishes that he has a reasonable expectation of privacy over his insurance records, including medical records and financial records, including settlement negotiations and offers. Medical records clearly fall within the right of privacy. (John B. v. Sup. Ct. (2006) 38 Cal.4th 1177, 1198.) Personal financial information comes within the zone of privacy protected by article I, section 1 of the California Constitution. (Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652, 656.) Insurance company files regarding an insured or claimant are protected by statute (Insurance Information and Privacy Protection Act, Ins. C. §791, et seq.). Disclosure of any “personal or privileged information about an individual collected or received in connection with an insurance transaction” is restricted. (Ins. C. §791.13.) Defendant has not filed an opposition to this noticed motion.