Judge: Michael E. Whitaker, Case: 23SMCV01858, Date: 2024-09-10 Tentative Ruling

Case Number: 23SMCV01858    Hearing Date: September 10, 2024    Dept: 207

TENTATIVE RULING

MOTION

This action stems from a multi-vehicle motor collision.  On April 28, 2023, Plaintiff Sophia Kraft (“Plaintiff” or “Kraft”) sued Defendant Miguel Anaya (“Anaya”) for Motor Vehicle.  On August 9, 2023, Plaintiff added Defendant Daniel Salcido, Jr. (“Salcido”) via Doe amendment. 

On September 26 and September 27, 2023, Salcido filed two cross-complaints against Anaya for negligence in the first cross-complaint, and declaratory relief and apportionment of fault in the second cross-complaint.  On March 27, 2024, Plaintiff reached a settlement with Defendants and dismissed the original complaint.

On June 20, 2024, the Court related this case with case number 23SMCV04518, filed by plaintiff Ashlee Zamora against Anaya for motor vehicle. 

Salcido now moves to quash the third-party subpoena Anaya served on Kaiser Permanente seeking Salcido’s medical records.  The motion is unopposed.

ANALYSIS

Motion to Quash

If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).)

Anaya has served business records subpoenas on (1) Kaiser Permanente Central ROI Unit Empire Corporate Plaza/Medical; (2) Kaiser Permanente Central ROI Unit Empire Corporate Plaza/Billing; and (3) Kaiser Permanente/Radiology, seeking (respectively):

(1)   Any and all medical documents, paper and digital records pertaining to the care, treatment and examination of DANIEL SALCIDO JR, born on July 12, 2000, with SS# AKA DOB: 09/06/2002, including, but not limited to all office, emergency room, inpatient and outpatient charts and records either in hard copy or electronic and/or faxed. from 10/10/2011 to present. Including all electronic communications from and to the patient. Treated at Kaiser Permanente 9333 Imperial Hwy Downey CA 90242-2812;

(2)   Any and all paper and digital records of payment and /or discount regarding any medical billing as well as the bills themselves, billing information, including but not limited to procedure, service and diagnosis codes, CPT codes, statements, computer printouts, itemized breakdown of all charges, payments, adjustments/write-offs or balance due, including but not limited to, all charges, credits, payments, adjustments and/or write-offs, and the sources of each, such as EOB's, Explanation of benefits form and statement of charges rendered, including but not limited to any records or documents that may be stored digitally or electronically from any insurance carrier, reflecting any and all credits and adjustments and write offs to the billing by virtue of any payments and/or contractual agreements/adjustments, including fees for professional services and medicare, medicaid, either in hard copy or electronic and/or faxed pertaining to DANIEL SALCIDO JR, DOB July 12, 2000, with SS# AKA DOB: 09/06/2002, from 10/10/2011 to present. Treated at Kaiser Permanente 9333 Imperial Hwy Downey CA 90242-2812; and

(3)   Any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films specific to DANIEL SALCIDO JR, born on July 12, 2000, with SS# AKA DOB: 09/06/2002, either in hard copy or electronic and/or faxed, from 10/10/2011 to present. Please provide breakdown of films and or studies reflecting body parts, dates taken, number of films and or studies, with associated cost for approval prior to production. Treated at Kaiser Permanente9333 Imperial Hwy Downey CA 90242-2812.

(Ex. B to Mukhina Decl.)

Salcido challenges the requests on the grounds that the subpoenas are overbroad, requesting any and all medical records from 2011 to the present, not limited to the medical conditions at issue or the affected body parts, and therefore, the requests violate Salcido’s privacy.  The Court agrees.  The requests appear overbroad on their face, both in scope and in time, and Anaya has not opposed the motion demonstrating otherwise.

Sanctions

In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.” (Code Civ. Proc., § 1987.2, subd. (a).)

            Having found the subpoenas to be overbroad and an oppressive violation of Salcido’s privacy rights on their face, the Court grants Salcido’s request for sanctions in the amount of $968.91, representing 3 hours of time to prepare the motion at counsel’s hourly rate of $300, plus the $68.91 reservation fee for the motion. 

CONCLUSION AND ORDER

Therefore, the Court grants Plaintiff’s Motion to Quash and quashes the three identified subpoenas issued to Kaiser Permanente. 

Further, the Court grants Plaintiff’s request for monetary sanctions against Anaya’s counsel, Tharpe & Howell, in the amount of $968.91, payable to Salcido, by and through counsel for Salcido, within thirty days of notice of this order. 

Salcido shall provide notice of the Court’s order and file the notice with a proof of service forthwith.

DATED:  September 10, 2024                                               ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court