Judge: Melvin D. Sandvig, Case: 24CHCV02815, Date: 2025-04-02 Tentative Ruling

Case Number: 24CHCV02815    Hearing Date: April 2, 2025    Dept: F47

Dept. F47

Date: 4/2/25

Case #24CHCV02815

MOTION TO QUASH SUBPOENA

Motion filed on 11/12/24.

MOVING PARTY: Plaintiff Juana Cova

RESPONDING PARTY: Defendant Chang Kyung Choi

NOTICE: ok

RELIEF REQUESTED: An order quashing Defendant Chang Kyung Choi’s subpoena to Kaiser Permanente - Central ROI Unit (Medical), Elite Medical Clinic (Medical), Suarez Toutoundjian Chiropractic Corporation (Medical, Billing & Xrays), Advanced Imaging Center, Inc. (Medical), Universal Pain Management (Medical, Billing & Xrays), Greg S. Khounganian, M.D. (Medical & Xrays), Kaiser Foundation Health Plan, Inc. (Insurance), Kaiser Permanente Billing Services/Collections Department (Billing), S.C.P.M.G. - Anaheim (X-Rays), Elite Medical Clinic (Billing), Elite Medical Clinic (X-Rays), Advanced Imaging Center, Inc. (Billing), and Advanced Imaging Center, Inc. (X-Rays), in its entirety, and for sanctions against defense counsel Matthew Vallejo in the amount of $1,861.65.

RULING: The motion is granted, in part, and denied, in part, as set forth below. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of a motor vehicle accident that occurred on 7/31/23 involving Plaintiff Juana Cova (Plaintiff) and Defendant Chang Kyung Choi (Defendant).  As a result of the accident, Plaintiff claims that she suffered injuries to her lower back, upper back, shoulder and bilateral hips.  (Taban Decl., Ex.3).

On 8/5/24, Plaintiff filed this action against Defendant and Mee Seob Choi for motor vehicle negligence.  On 10/3/24, Defendant answered the complaint.  On 10/9/24, Defendant issued subpoenas for Plaintiff’s medical records from various health care providers.  (Taban Decl. ¶2, Ex.1).  Plaintiff contends that the subpoenas are improper and overbroad because they seek medical records from each provider without limitation.  On 10/14/24, Plaintiff’s counsel sent a meet and confer letter to Defendant’s counsel regarding the subpoenas; however, defense counsel never responded.  (Taban Decl. ¶3, Ex.2). 

Therefore, on 11/12/24, Plaintiff filed and served the instant motion seeking an order quashing Defendant’s subpoena to Kaiser Permanente - Central ROI Unit (Medical), Elite Medical Clinic (Medical), Suarez Toutoundjian Chiropractic Corporation (Medical, Billing & Xrays), Advanced Imaging Center, Inc. (Medical), Universal Pain Management (Medical, Billing & Xrays), Greg S. Khounganian, M.D. (Medical & Xrays), Kaiser Foundation Health Plan, Inc. (Insurance), Kaiser Permanente Billing Services/Collections Department (Billing), S.C.P.M.G. - Anaheim (X-Rays), Elite Medical Clinic (Billing), Elite Medical Clinic (X-Rays), Advanced Imaging Center, Inc. (Billing), and Advanced Imaging Center, Inc. (X-Rays), in its entirety, and for sanctions against defense counsel Matthew Vallejo in the amount of $1,861.65.

Defendant has not opposed or otherwise responded to the motion. 

ANALYSIS

The motion suffers from procedural defects. 

First, Plaintiff fails to provide clear notice of the relief requested.  See CRC 3.1110(a).  The title and notice of the motion indicates that Plaintiff is seeking to quash a subpoena, singular.  (See Notice, p.i:13-15, p.i:26, p.ii:4, p.ii:14, p.ii:17, p.ii:21, p.ii:23).  However, Plaintiff goes on to list multiple subpoenas she seeks to have quashed by way of this motion.  (See Notice, p.ii:5-11).  Throughout the memorandum of points and authorities, Plaintiff at times refers to a singular subpoena and at other times refers to subpoenas, plural.  (See Memorandum of Points and Authorities, generally).  Additionally, although Plaintiff attaches the multiple subpoenas actually at issue to the motion, Plaintiff only quotes the language regarding the documents sought from one of the subpoenas when the language in all of the subpoenas, although similar, is not identical.  (See Taban Decl., Ex.1).

The subpoena issued to Kaiser Permanente asks for:

“Any and all medical documents and records pertaining to the care, treatment and examination of Juana Cova aka Juana Michelle Carrillo, DOB: 02/03/1986, SSN: XXX-XX-7746, including, but not limited to all office, emergency room, inpatient and outpatient charts and records, date limitation (IF DON'T HAVE REMOVE). Including all electronic communications from and to the patient. MRN: 000007857847.”

The subpoenas issued to Elite Medical Clinic, Suarez Toutoundjian Chiropractic Corporation, Advanced Imaging Center, Inc., Universal Pain Management, Greg S. Khounganian, M.D., Elite Medical Clinic (Billing), Elite Medical Clinic (X-Rays), Advanced Imaging Center, Inc. (Billing), Advanced Imaging Center, Inc. (X-Ray), and Advanced Medical Billing Center, Inc. ask for:

“Records (including, digital information), within the last 10 years from the date of this subpoena, regarding Juana Cova aka Juana Michelle Carrillo, DOB: 02/03/1986, SSN: XXX-XX-7746, to include but not limited to examinations, medical history, diagnosis, treatment, testing, radiology, prognosis, prescriptions, and billing (including, but not limited, to payments, adjustments, reimbursements, and explanations of benefit) - EXCLUDING documents dealing with psychology and mental issues; reproductive system; and sexually transmitted diseases. Please obtain a breakdown of any and all x-ray films and/or MRI films taken.

DO NOT OBTAIN ANY X-RAYS AND/OR MRI FILMS, UNLESS EXPRESS AUTHORIZATION IS OBTAINED FROM THIS OFFICE FIRST.” 

The subpoena issued to Kaiser Foundation Health Plan, Inc. asks for:

“Records (including digital information) within the last 10 years from the date of this subpoena in the categories specified below regarding Juana Cova aka Juana Michelle Carrillo, (DOB 02/03/1986/SSN- XXX-XX-7746) — EXCLUDING documents from Health Care Providers of psychology, urology, and gynecology. Guarantor Account No.: 216901570457; Tax ID: 95-1750445.

1. Medical billing for insurance claim submissions

2. Medical records for insurance claim submissions for payment to include but not limited to examinations, medical history, diagnosis, treatment, testing, radiology, prognosis, and prescriptions.

3. Insurance payments and breakdown of payments--including, but not limited to Explanation of Benefits, adjustments, write-offs, balance due, or contractual arrangements.”

The subpoena issued to Kaiser Permanente Billing Services/Collections Department asks for:

“Any and all billing records pertaining to the care, treatment and examination of , born on , with SS# , Including all electronic communications from and to the patient. Including but not limited to payment, adjustments, reimbursements, and explanation of benefit. Patient was treated at Kaiser-Rancho Cucamonga. MRN: 000007857847.”

The subpoena issued to S.C.P.M.G – Anaheim (X-Rays) asks for:

“Any and all x-rays pertaining to the care, treatment, and examination of <(Records Of)>, born on <(Date of Birth)>, with SS# <(SSN)>. MRN: 000007857847.”

In addition to the foregoing defect, in violation of CRC 3.1110(f)(4), the exhibits attached to the motion are not properly electronically bookmarked.  Only exhibit 3 is bookmarked; however, the link is not to the first page of the exhibit. 

Despite the foregoing procedural defects, the Court finds that it is in the interests of justice to rule on the merits of the motion at this time.  However, Plaintiff’s counsel is warned that the Court may not overlook such defects in the future and future violations of court rules may result in matters being continued, papers not being considered and/or the imposition of sanctions. 

The Court finds that the subject subpoenas are overbroad.  By filing the instant lawsuit for personal injuries, Plaintiff implicitly waived her right to privacy only in information relating to the medical conditions at issue in this action.  See Britt (1978) 20 C3d 844, 849, 859; Vinson (1987) 43 C3d 833, 841-842.  Here, the subject subpoenas are not limited to the injuries at issue in this action.

While the Court finds that the subject subpoenas, as written, should be quashed, the Court finds that Plaintiff is not entitled to sanctions due to the procedural defects in the motion which could have caused the motion to be placed off calendar or denied without prejudice.  Even if sanctions were awarded, the amount requested would be reduced to $900.00 (2 hours to prepare the motion + 1 hour to prepare for and appear at the hearing multiplied by $300/hour) since Plaintiff’s counsel did not have to review an opposition and/or prepare a reply.  (See Taban Decl.).

CONCLUSION

The subpoenas issued by Defendant Chang Kyung Choi on 10/9/24 to Kaiser Permanente - Central ROI Unit (Medical), Elite Medical Clinic (Medical), Suarez Toutoundjian Chiropractic Corporation (Medical, Billing & Xrays), Advanced Imaging Center, Inc. (Medical), Universal Pain Management (Medical, Billing & Xrays), Greg S. Khounganian, M.D. (Medical & Xrays), Kaiser Foundation Health Plan, Inc. (Insurance), Kaiser Permanente Billing Services/Collections Department (Billing), S.C.P.M.G. - Anaheim (X-Rays), Elite Medical Clinic (Billing), Elite Medical Clinic (X-Rays), Advanced Imaging Center, Inc. (Billing), and Advanced Imaging Center, Inc. (X-Rays) are quashed. 

Plaintiff’s request for sanctions is denied.