Judge: Mel Red Recana, Case: 21STCV26863, Date: 2024-07-16 Tentative Ruling

All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.

Case Number: 21STCV26863    Hearing Date: July 16, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing Date:             July 16, 2024

Moving Party:             Defendant Pacific Beach House

Responding Party:       None

Motion to Quash John Roman’s Subpoena for Production of Business Records of Sedgwick Claims Management Services, Inc.

The court has considered the moving papers. No opposition was received.

The court GRANTS Defendant’s motion to quash the deposition subpoena for production of business records of Sedgwick Claims Management Services, Inc.

Background

This is a wrongful termination action. Plaintiff John Roman (“Plaintiff”) filed the complaint on March 24, 2021, against Defendant Pacific Beach House (“Pacific” or “Defendant”).  The Complaint seeks damages for Disability Discrimination, Failure to Accommodate, Failure to Engage in the Interactive Process, Hostile Work Environment, Failure to Prevent Harassment and Discrimination Based on Disability, Retaliation under FEHA, Interference under CFRA and Wrongful Termination in Violation of Public Policy.

On December 26, 2023, Defendant filed this motion to quash. As of July 12, 2024, Plaintiff has not filed an opposition.

Legal Standard

If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, 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. (CCP §1987.1(a).)

Discussion

            Pacific Beach House seeks an Order quashing the Deposition Subpoena for the Production of Business Records on the grounds that there is no good cause for production of Pacific Beach House’s private and attorney-client privileged insurance records.

            The subpoena seeks the following:

Any and all DOCUMENTS RELATING TO ROMAN contained in any file or other location under YOUR possession, custody, or control, including, but not limited to the following:

1. Any and DOCUMENTS RELATING TO any claim YOU received from or on behalf of ROMAN RELATING TO any work injury from July 1, 2019 to present.

2. Any and all DOCUMENTS RELATING to ROMAN’s claims or worker’s compensation cases, including, but not limited to, Claim Number 30193140781-0001 (Sedwick ID: 17666374.6.5201) and Case Numbers ADJ12539765 and ADJ14080366.1 3. Any medical DOCUMENTS or records YOU received from ROMAN, or on his behalf, from July 1, 2019 to present, regarding any claim, including, but not limited to, Claim Number 30193140781-0001 (Sedwick ID: 17666374.6.5201) and Case Numbers ADJ12539765 and ADJ14080366.

4. All correspondence RELATING TO ROMAN from July 1, 2019 to present between YOU and PACIFIC BEACH HOUSE, LLC, including any of its employees including, but not limited to, the following individuals: Hiron Wilson, Rigo Turcios, Jasmine Stevenson, Jose Galvez; Lisa Binninger, and Marje Bennetts.

5. All correspondence RELATING TO ROMAN from July 1, 2019 to present between YOU and any medical provider, including, but not limited to, MCMG LB Occupational Medicine and Concentra.

6. All correspondence RELATING TO ROMAN from July 1, 2019 to present between sent or received by YOUR employees, including, but not limited to, Francis G. Diaz and Eric Salinas.

7. All correspondence RELATING TO ROMAN from July 1, 2019 to present between YOU and Everest National Insurance and Everest Insurance Company.

8. Any and all documents RELATING to ROMAN’S medical treatment and/or any request for accommodations or leave YOU sent to anyone from July 1, 2019 to present.

            Defendant argues that the insurance records relating to Pacific Beach House are completely irrelevant to this personal injury litigation because Defendant has not put anything relating to its insurance at issue. (Mot. at p. 6.) Moreover, these requests are overly broad, vague, ambiguous, and not reasonably calculated to lead to the discovery of admissible evidence because it is a “fishing expedition.” (Id.) Defendant further argues that instead of serving a nonparty for the requested documents, the requests for the appropriate documents should be made in demands for production of documents to Pacific. (Mot. at p. 9.) Also, there is no compelling and opposing state interest justifying the production of these records from Pacific’s insurance carriers. (Mot. at p. 8.)

            The Court notes that this lawsuit involves Plaintiff’s alleged wrongful termination, with the issues being limited to potential liability and any alleged damages. Thus, Plaintiff’s attempt to delve into Pacific’s privileged communications with its insurers and its agents are outside the scope of this litigation. Notably, Plaintiff failed to file an opposition showing good cause for the requests.

            The court therefore GRANTS Defendant’s unopposed motion to quash the deposition subpoena.

It is so ordered.

Dated: July 16, 2024.

_______________________

MEL RED RECANA

Judge of the Superior Court