Judge: Marcella O. Mclaughlin, Case: 37-2023-00023340-CU-PO-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2023-00023340-CU-PO-CTL GUTIERREZ VS WARNER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Subpoena, 12/27/2023

Plaintiff's motion for an order quashing defendants' subpoena for plaintiff's employment records is GRANTED.

A civil litigant's right to discovery is broad. Williams v. Superior Court (2017) 3 Cal.5th 531, 541.

However, discovery devices must be used as 'tools to facilitate litigation rather than as weapons to wage litigation.' Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223.

Here, the court finds that the subpoena, as currently drafted, is overbroad in time and scope. Given that the dog bite incident occurred in February 2023, it is unclear how plaintiff's employment records from 10 years ago are relevant. Moreover, plaintiff has made clear that she is 'waiving any loss of income claim including claims for past wages.' (Reply at 2:24-25 (emphasis omitted).) Accordingly, the subpoena directed to IKEA Home Furnishings is hereby quashed.

This ruling is without prejudice to the possibility that defendants may re-issue another subpoena that is more narrowly tailored to the legitimate needs of this case.

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