Judge: Richard S. Whitney, Case: 37-2022-00038297-CU-PO-CTL, Date: 2023-12-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 28, 2023

12/29/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00038297-CU-PO-CTL PRECIADO VS PIZZERIA LUIGI INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA; REQUEST FOR MONETARY SANCTIONS is DENIED.

Defendant PIZZERIA LUIGI, INC. ('Defendant') seeks to compel compliance with a deposition subpoena issued to Non-Party GUIDING HOPE INDIVIDUAL AND FAMILY THERAPY ('CUSTODIAN').

CUSTODIAN and Plaintiff Roberto Preciado ('Plaintiff') oppose the motion.

Plaintiff argues the motion should be denied based on the lack of a separate statement. However, no separate statement is required under California Rules of Court, Rule 3.1345 '[w]hen no response has been provided to the request for discovery.' Further, this department does not require a court order to utilize a concise statement in lieu of a separate statement. The Court believes the memorandum of points and authorities adequately discusses the issues such that it could serve as a concise statement.

Plaintiff testified in deposition that he discussed his accident with his therapist during five to seven sessions. '[T]he patient-litigant exception allows only a limited inquiry into the confidences of the psychotherapist-patient relationship, compelling disclosure of only those matters directly relevant to the nature of the specific 'emotional or mental' condition which the patient has voluntarily disclosed and tendered in his pleadings or in answer to discovery inquiries.' (In re Lifschutz (1970) 2 Cal.3d 415, 431.) Defendant does not identify that Plaintiff placed any specific emotional or mental condition at issue by testifying that he discussed with a therapist his accident. At most, Plaintiff testified he discussed 'feelings of guilt' and 'worthlessness' because he couldn't be a father to his child and couldn't be a husband to his wife. The Court finds Plaintiff has not placed a specific emotional or mental condition at issue. (Evid.

Code, § 1016.) Therefore, the psychotherapist-patient privilege prevents any discovery regarding Plaintiff's sessions with his therapist.

Further, Defendant's subpoena includes the following limitation: 'EXCLUDING documents dealing with psychology and mental issues; reproductive system; and sexually transmitted diseases, limited to billing and therapist records to 09/05/2022 to the present, pertaining to Roberto Preciado, DOB: 11/22/1983, SSN: UNKNOWN.' CUSTODIAN offers psychotherapy such that the limitation essentially removes any document from being responsive. Defendant appears to acknowledge this was a mistake. Defendant still wants the Court to compel production, ignoring the language of the subpoena, citing judicial economy.

What Defendant does not address is Plaintiff's offer to stipulate that Plaintiff 'is not claiming any psychogenic injury, and that he does not intend to present mental health records at trial.' Further motion practice can be avoided by the parties entering a stipulation as to mental health records.

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2998012  57 CASE NUMBER: CASE TITLE:  PRECIADO VS PIZZERIA LUIGI INC [IMAGED]  37-2022-00038297-CU-PO-CTL The motion is denied. No sanctions are awarded.

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2998012  57