Judge: Nathan R. Scott, Case: Patrick T. Yoshikane DDS Inc. v. Whiston, Date: 2022-10-28 Tentative Ruling

Plaintiff Patrick T. Yoshikane DDS Inc.’s motion to compel is denied.

Plaintiff seeks to compel a nonparty dentist’s to produce documents pertaining to patients – patient lists, emails, documents reflecting any patients’ past care by plaintiff.  These are “personal records” of “consumers” and thus require service of subpoenas and notices on the patients.  (See Code Civ. Proc., § 1985.3, subd. (b), (e).)

The court appreciates the efforts of plaintiff and the deponent to meet and confer to find a way to provide plaintiff with information it reasonably needs for legitimate litigation purposes while still protecting the patients’ statutory rights.  (See Reply at pp. 2-3.) 

The court has confidence this can be worked out.

Plaintiff shall give notice.