Judge: Theresa M. Traber, Case: 22STCV38542, Date: 2023-11-09 Tentative Ruling

Case Number: 22STCV38542    Hearing Date: December 11, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:      December 11, 2023                                     TRIAL DATE: July, 02, 2024

CASE:                         Angelica Munoz Cabanillas v. Quickbites Inc.

CASE NO.:                 22STCV38542

MOTION FOR ORDER COMPELLING PRODUTCION OF PHONE RECORDS

MOVING PARTY:                           Plaintiff Angelica Munoz Cabanillas

RESPONDING PARTY(S):            Defendant Quickbites Inc (Non-Opposition)

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an employment discrimination action filed on December 12, 2022. Plaintiff alleges that she was denied medical leave and terminated after contracting COVID-19.

Plaintiff moves for an order compelling T-Mobile/Metro PCS to produce phone records pursuant to a subpoena.

TENTATIVE RULING:

Plaintiff moves for an order compelling T-Mobile/Metro PCS to produce her own cell-phone records pursuant to a subpoena.

            Code of Civil Procedure section 1985.3 provides in relevant part that “[a] subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code.” (Code Civ. Proc. § 1985.3(f).)

            Both Plaintiff and the primary account holder, Plaintiff’s brother, Ariel Munoz, have provided their written consents for release of the sought-after records to the public utility company here, T-Mobile/Metro PCS.  The company is unable to provide the phone records that are the subject of the subpoena if the telephone number is associated with a prepaid account, as it is here, even with the account holder’s consent, absent a Court order to do so. (See Declaration of Jacob Nalbandyan ISO Mot. Exh. F) Therefore, a Court order is necessary.

Accordingly, Plaintiff’s Motion for Court Order Compelling Production of T-Mobile/Metro PCS Phone Records is GRANTED.

Moving party to give notice.   

IT IS SO ORDERED.

Dated:   December 11, 2023                                                    ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.