Judge: Matthew C. Braner, Case: 37-2023-00002213-CU-WT-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2023-00002213-CU-WT-CTL DOWELL VS JOB OPTIONS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

As no moving papers were filed, the pro hac vice motion is off calendar.

The court will hear from the parties regarding Plaintiff's motions to quash, in light of the court's comments set forth below.

The court believes at least some records from Plaintiff's former and subsequent employers are sufficiently relevant to overcome the privacy interest Plaintiff has in those employment records, particularly where, as here, the parties have entered into a protective order. (ROA #20.) As to the subpoena to ARC, Plaintiff's former (and overlapping) employer, documents related to the materials used by ARC to certify Plaintiff as severely disabled are relevant to Plaintiff's claim that Defendant fraudulently certified her as severely disabled, and to Defendant's defense of that claim. As to the subpoena to Elite, the court agrees that to the extent documents related to mitigation efforts have not been produced, they are relevant and should be provided. However, as to both subpoenas, the court is not inclined to allow wholesale investigation into Plaintiff's complete employment records held by these third parties.

The court also notes that it is not inclined to award sanctions to either party.

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