Judge: Virginia Keeny, Case: 23STCV16700, Date: 2025-04-11 Tentative Ruling

Case Number: 23STCV16700    Hearing Date: April 11, 2025    Dept: 45

CODY RICH V. BARNEY’S BEANERY PASADENA, ET AL.

DEFENDANTS BARNEYS PASADENA LTD, AJ SACHER ETC. ET AL’S MOTION FOR ORDER COMPELLING DOCUMENTS

Date of Hearing: April 11, 2025 Trial Date: March 23, 2026

Department: 45 Case No.: 23STCV16700

Moving Party: Defendant Barney’s Pasadena, Ltd. Etc. et al.

Responding Party: No opposition

Meet and Confer: Yes. (Wittner Decl.)

BACKGROUND

This action involves employment discrimination and wrongful termination. Plaintiff Cody Rich filed a complaint against Defendants Barney’s Beanery Pasadena, Barney’s Worldwide Inc., Barney’s Pasadena Ltd, A.J. Sacher, Vivian Ramirez, Josh Awuma and Kiana Fanning for several violations under the Fair Employment and Housing Act, California Labor Code, California Business & Professions Code, and California Civil Code.

On April 15, 2024, Plaintiff dismissed Kiana Fanning as to the second, third and fifth causes of action.

[TENTATIVE] RULING

Defendants Barneys Pasadena Ltd, AJ Sacher etc. et al’s Motion for Order Compelling Documents Pursuant to Deposition Subpoena and Declaration of Custodian of Records is GRANTED.

DISCUSSION

Defendant Barney’s Pasadena, Ltd. Etc. et al. moves this court for an order compelling (1) Dr. Jorge N. Dubin and/or his Custodian of Records to (a) produce the documents called for by the Deposition Subpoena for Production of Business Records served February 25, 2025 and (b) Declaration of Custodian of Records and (2) Mindpath Health and/or its Custodian of Records to (a) produce the documents called for by the Deposition Subpoena for Production of Business Records served February 25, 2025 and (b) Declaration of Custodian of Records.

“If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the

deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.”¿ (CCP § 2025.480(a).)¿ “This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.”¿ (CCP §2025.480(b); Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1032 [explaining that objections by a nonparty constitute “the record of the deposition” and, therefore, a party has 60 days after receiving the objections to file a motion to compel].)¿ “A deposition subpoena that seeks ‘personal records pertaining to a consumer’ must be accompanied by proof that the consumer was served with notice of the subpoena or by the consumer’s written authorization to release his or her personal records. (CCP § 2020.410(d).)

Defendants argue Plaintiff has alleged damages that include claims of severe emotional and mental distress and to support Plaintiff’s claim, Plaintiff has identified Dr. Jorge N. Dubin as his treating physician. Plaintiff’s discovery responses concede Dr. Dubin has proscribed medication for said emotional and mental distress and Dr. Dubin is the only witness to Plaintiff’s depression. As a result, Defendants issued a deposition subpoena for production of business records to Dr. Jorge N. Dubin’s Custodian of Records and Mindpath Health’s Custodian of Records. (Exhs. A, C.) Defendants also issued a Notice to Consumer (Exhs. F, G.) The responsive records and declaration of Custodian of Records were due March 12, 2025. (Exhs. A.) On March 11, 2025, counsel for Dr. Dubin and Mindpath Health stated they would not comply with the subpoena without a signed authorization from Plaintiff or a court order. (Exh. H.)

The court GRANTS Defendants’ motion to compel compliance with the deposition subpoena as to Dr. Dubin and Mindpath Health. Plaintiff has placed his mental health at issue and thus Defendants have a legitimate discovery interest in seeking Plaintiff’s health records. Dr. Dubin and Mindhealth are ordered to produce the requested documents within 20 days from the hearing on this motion.