Judge: Maurice A. Leiter, Case: 20STCV16551, Date: 2023-05-24 Tentative Ruling

Case Number: 20STCV16551    Hearing Date: January 12, 2024    Dept: 54

Hearing Date: January 12, 2024

Department 54, Judge Maurice A. Leiter

Motion to Compel Compliance with Notice to Appear at Trial and Produce Documents

Moving Party: Plaintiff Bridget Bo-Lane

Responding Party: Defendant Quest Diagnostic, Inc.

T/R:      PLAINTIFF’S MOTION IS GRANTED.

PLAINTIFF’S REQUEST FOR SANCTIONS IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers and supplemental briefing.

CCP § 1987.1 provides, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.”

Plaintiff moves to compel compliance with the subpoena for Kimmberly Ensley to appear at trial and produce documents. Since the filing of the motion, Defendant has agreed to produce Ensley for trial and to produce most of the documents requested. The parties remain in conflict regarding the production of documents that Defendant has deemed protected by the attorney-client privilege. One document is a “Facility Complaint” authored by an employee of Defendant and thereafter sent to Defendant’s legal department. Defendant asserts this document is privileged because it was “made in anticipation of litigation.” Defendant has not shown that such a document is privileged merely because it was sent to counsel. All documents requested must be produced at trial. Whether certain documents and testimony are admissible at trial will be determined by the Court as necessary.

Plaintiff’s motion is GRANTED. Plaintiff’s request for sanctions is GRANTED in the amount of $2,825.00.