Judge: Thomas D. Long, Case: 20STCV30564, Date: 2023-12-07 Tentative Ruling

Case Number: 20STCV30564    Hearing Date: March 21, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 12, 2020, Plaintiffs Jane Doe L.P. (a minor by and through her guardian ad litem Elizabeth P.) filed this action against Downey Unified School District.

In response to Form Interrogatories about injuries and the treaters for injuries, Plaintiff alleged emotional distress, depression, and anxiety, which she sought mental health treatment for.  (Evenstad Decl. ¶ 4 & Ex. A.)

On November 20, 2023, Plaintiff’s guardian ad litem executed a HIPAA Compliant Authorization for Release of Protected Health Information Records to allow for the release of Plaintiff L.P.’s records from Heredia Therapy Group.  (Evenstad Decl. ¶ 6 & Ex. C.)

On November 21, 2023, Defendant issued a deposition subpoena for the production of business records to Heredia Therapy Group.  (Evenstad Decl. ¶ 7 & Ex. D.)  Plaintiff did not object or move to quash the Subpoena, but Heredia Therapy Group objected to producing documents without a court order.  (Evenstad Decl. ¶¶ 7-8 & Ex. E.)

On February 21, 2024, Defendant filed a motion to compel compliance with the subpoena.  No oppositions were filed.

A party may move to compel compliance with a subpoena for business records served on a non-party.  (Code Civ. Proc., §§ 1987.1, 2020.410.)

The subpoena requests production of (1) all medical records and reports that pertain to care and treatment, (2) all billing and payment records, and (3) all psychological and/or psychiatric reports that are limited to depression, anxiety, and sleep disorders.  These records are relevant for Plaintiff’s allegations of “severe emotional distress and injury in mind and body including, but not limited to, physical injury, including fearfulness, mental anguish, anxiety, [and] sleeplessness.”  (Complaint ¶ 26; see Complaint ¶¶ 32, 39, 49, 60.)

The unopposed motion to compel is GRANTED.  Heredia Therapy Group is ordered to comply with the records subpoena within 21 days of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 21st day of March 2024