Judge: Robert B. Broadbelt, Case: 19STCV44942, Date: 2023-03-24 Tentative Ruling

Case Number: 19STCV44942    Hearing Date: March 24, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Onnik Kazanchian

RESPONDING PARTY:       Defendant Interinsurance Exchange of the Automobile Club

Motion to Quash Deposition Subpoena for Production of Consumer Records

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff Onnik Kazanchian (“Plaintiff”) moves the court for an order (1) quashing the Deposition Subpoena for Production of Business Records issued by defendant Interinsurance Exchange of the Automobile Club (“Defendant”) on May 10, 2022 to Wells Fargo Bank, National Association (the “Subpoena”), and (2) awarding reasonable attorney’s fees and costs in favor of Plaintiff and against Defendant in the amount of $2,861.65.

The court grants Plaintiff’s motion to quash the Subpoena because each of the demands is overbroad since they call for the production of documents that (1) are neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence, and (2) are protected by Plaintiff’s right to privacy.  (Code Civ. Proc., §§ 1987.1, subd. (a), 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 552 [setting forth framework for evaluating potential invasions of privacy].)

The court finds that the requirements of the Subpoena were oppressive and therefore grants Plaintiff’s request for an award of reasonable expenses incurred in making this motion.  (Code Civ. Proc., § 1987.2, subd. (a).)  The court finds that $2,861.65 (7 hours x $400 hourly rate + $61.65 filing fees) is a reasonable amount of expenses to award in connection with this motion.  (Rosenberg Decl., ¶ 10.)

The court denies Defendant’s request for monetary sanctions against Plaintiff in the amount of $4,950.  (Code Civ. Proc., § 1987.2, subd. (a).)

ORDER

The court grants plaintiff Onnik Kazanchian’s motion to quash deposition subpoena for production of consumer records.

The court orders that the documents requested in the Deposition Subpoena for Production of Business Records, directed to Wells Fargo Bank, National Association, issued on May 10, 2022, shall not be produced.

The court orders defendant Interinsurance Exchange of the Automobile Club to pay reasonable expenses to plaintiff Onnik Kazanchian in the amount of $2,861.65.

The court orders plaintiff Onnik Kazanchian to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 24, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court