Judge: Michelle C. Kim, Case: 21STCV25794, Date: 2024-03-01 Tentative Ruling

Case Number: 21STCV25794    Hearing Date: March 1, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JACK SHULKEY, 

Plaintiff(s), 

vs. 

 

JANE LOREG, ET AL., 

Defendant(s). 

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Case No.: 21STCV25794 

 

[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH SUBPOENA WITHOUT PREJUDICE 

 

Dept. 31 

1:30 p.m.  

March 1, 2024 

 

Plaintiff Jack Shulkey (“Plaintiff”) filed this action against defendant Jane Loreg (“Defendant”) for damages arising from a motor vehicle incident.  

Defendant now seeks the production of business records from VA Long Beach Healthcare System (“VA Long Beach”). Plaintiff testified he received treatment at VA Long Beach for injuries arising from the incident. Defendant served VA Long Beach through Defendant’s subpoena vendor, seeking: 

 

“[Any and all documents and medical records pertaining to the examination, care, diagnosis, and treatment of the patient, including but not limited to all office, emergency room, inpatient and outpatient charts and records, nurses' and doctors' notes, radiological reports, color photographs or laser colored copies of photographs, physical therapy and rehabilitation records including all descriptions of exercises prescribed; any and all records regarding prescriptions, including the type of medication, date prescription was filled, doctor who wrote the prescription, instructions on taking the medication, and dosage; and any other information available regarding the prescription(s); sign-in sheets, and documentation which indicate date(s) and time(s) of patients' appointments. Records from 2006 - Present.” (Mot. Exh. B.) 

 

Defendant contends its subpoena vendor advised defense counsel that the custodian of records for VA Long Beach refused to comply with the subpoena without an authorization form signed by Plaintiff. Plaintiff’s counsel did not respond to defense counsel’s request for the signed authorization. Therefore, Defendant seeks an order compelling VA Long Beach to comply with the deposition subpoena for Plaintiff’s medical records and for VA Long Beach to pay monetary sanctions.  

However, before proceeding on the merits, Defendant must first resolve the procedural issue of service. Defendant seeking an order for a nonparty to comply with Defendant’s subpoena requires the non-party to also be served with the moving papers by personal service, unless the nonparty agrees to accept service by mail or electronic service. (California Rules of Court, Rule 3.1346.) The proof of service indicates only Plaintiff was served.  

 

The motion is therefore denied without prejudice. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 29th day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court