Judge: William Y. Wood, Case: 37-2023-00045191-CU-PA-NC, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 23, 2024

05/24/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  PI/PD/WD - Auto Motion to Quash (Civil) 37-2023-00045191-CU-PA-NC LEYVA VS GANGLOFF [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Quash Subpoena, 03/15/2024

In connection with Plaintiff Lorenzo Leyva's motion to quash subpoenas (ROA # 16), the Court issues the following ruling: This case involves personal injuries of the Plaintiff (a 73-year-old male) who was involved in a motor vehicle accident with the Defendant. Plaintiff is seeking injuries relating to headaches, dizziness, loss of consciousness, mild generalized cerebral volume loss, memory troubles, dizziness, neck pain, radiculopathy, inflammation, stenosis, spasm, nerve root encroachment, multilevel disc protrusions, bilateral facet joint arthrosis, facet joint hypertrophy, chest pain, bilateral shoulder pain, bursitis, full thickness re-tear of supraspinatus tendons, tear of the long head of biceps tendon, bilateral back pain, thoracic spine ligaments sprain, low back pain, sacroiliac pain, sacral pain, disc lesion, ipsilateral leg pain, anguish, fright, nervousness, shame, anxiety, worry, shock, apprehension, sleep discomfort, among other asserted ailments. See Jackson Decl. (ROA # 36), Exhibit A [Plaintiff's responses to Form Interrogatories (Set One)].

Defendant has propounded seven subpoenas at issue in this motion: (1) Tri-City Medical Center; (2) Tri-City Medical Center/Billing Department; (3) Tri-City Medical Center/Radiology Department; (4) San Diego Imaging Medical Group, Inc./Billing Department; (5) Blue Shield of California; (6) Platinum Security/ATTN: Human Resources Department (Plaintiff's employer); and (7) Borden Security (Plaintiff's employer). Defendant is seeking these records without any time limitation.

The Court hereby limits the requested records to a period of seven (7) years (December 3, 2014 - present) and with the limitation that no documents shall be produced relating to any drug, alcohol or sexually transmitted disease.

Plaintiff's request for monetary sanctions is denied as the Court finds that the imposition of sanctions to be unjust considering the totality of the circumstances.

This minute order constitutes the Court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, May 24, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of May 24, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to Calendar No.: Event ID:  TENTATIVE RULINGS

3110859 CASE NUMBER: CASE TITLE:  LEYVA VS GANGLOFF [IMAGED]  37-2023-00045191-CU-PA-NC appear, though this notice is not required.

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