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This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 03:17:03 (UTC).

JACOB DIER VS ELIZABETH GLANZER

Case Summary

On 05/17/2017 JACOB DIER filed a Personal Injury - Other Personal Injury lawsuit against ELIZABETH GLANZER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1726

  • Filing Date:

    05/17/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

DIER JACOB

Defendants and Respondents

DOES 1 TO 10

GLANZER ELIZABETH

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ORLAND LAW GROUP APC

ORLAND JAMES JOHN ESQ.

Defendant Attorney

MARTINEZ ANTHONY VINCENT ESQ.

 

Court Documents

Minute Order

10/31/2018: Minute Order

Declaration

4/5/2019: Declaration

Notice of Motion

4/9/2019: Notice of Motion

Answer

4/9/2019: Answer

Declaration

4/9/2019: Declaration

Minute Order

4/11/2019: Minute Order

Unknown

4/24/2019: Unknown

Notice

5/1/2019: Notice

Minute Order

5/13/2019: Minute Order

Unknown

5/13/2019: Unknown

Notice

5/21/2019: Notice

PROOF OF SERVICE SUMMONS

8/10/2018: PROOF OF SERVICE SUMMONS

NOT FOUND PROOF OF SERVICE

12/1/2017: NOT FOUND PROOF OF SERVICE

NOT FOUND PROOF OF SERVICE

12/1/2017: NOT FOUND PROOF OF SERVICE

DECLARATION OF REASONABLE DILIGENCE

12/1/2017: DECLARATION OF REASONABLE DILIGENCE

DECLARATION OF REASONABLE DILIGENCE

1/16/2018: DECLARATION OF REASONABLE DILIGENCE

SUMMONS

5/17/2017: SUMMONS

COMPLAINT - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

5/17/2017: COMPLAINT - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

10 More Documents Available

 

Docket Entries

  • 05/21/2019
  • Notice (of Court's Minute Order Regarding Referral to Department 1 for Review and Possible Reassignment to an Independent Calendar Court); Filed by Jacob Dier (Plaintiff)

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  • 05/15/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer - Not Held - Advanced and Vacated

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  • 05/13/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Court Order

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  • 05/13/2019
  • Certificate of Mailing for (Minute Order (Court Order Re: Referral to Department 1 for Review and Possi...) of 05/13/2019); Filed by Clerk

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  • 05/13/2019
  • Minute Order ( (Court Order Re: Referral to Department 1 for Review and Possi...)); Filed by Clerk

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  • 05/01/2019
  • Notice ( of Taking Hearing Off Calendar); Filed by Elizabeth Glanzer (Defendant)

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  • 04/24/2019
  • Amended Complaint (1st); Filed by Jacob Dier (Plaintiff); Jacob Dier (Plaintiff)

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  • 04/24/2019
  • Complaint (1st); Filed by Jacob Dier (Plaintiff)

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  • 04/11/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: (Entry of Default) - Held

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  • 04/11/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held

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19 More Docket Entries
  • 01/16/2018
  • DECLARATION OF REASONABLE DILIGENCE

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  • 12/01/2017
  • DECLARATION OF REASONABLE DILIGENCE

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  • 12/01/2017
  • Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 12/01/2017
  • NOT FOUND PROOF OF SERVICE

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  • 12/01/2017
  • Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 12/01/2017
  • NOT FOUND PROOF OF SERVICE

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  • 12/01/2017
  • Declaration; Filed by Plaintiff/Petitioner

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  • 05/17/2017
  • Complaint; Filed by Jacob Dier (Plaintiff)

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  • 05/17/2017
  • SUMMONS

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  • 05/17/2017
  • COMPLAINT - PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH

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Tentative Rulings

Case Number: BC661726    Hearing Date: November 17, 2020    Dept: P

 

Tentative Ruling

Dier v. Kromhout (originally sued as Glanzer), Case No. BC661726

Hearing Date November 17, 2020

Defendant’s Motion to Compel Compliance with Subpoena

Plaintiff alleges defendant, his former therapist, breached her professional duty of care and alleges psychological and emotional distress. Defendant served subpoenas on one of plaintiff’s psychotherapists, Maxine Hughes, MFT and her employer Life and Sex Therapy Center Los Angeles, where plaintiff treated immediately after he ceased treating with defendant. Hughes and Therapy Center have not responded to the subpoenas, nor have motions to quash or objections been filed. Defendant moves to compel compliance with the subpoeanas.

A party alleging mental and emotional distress puts his or her mental health at issue, allowing discovery related to current mental health or pre-existing mental conditions. Vinson v. Superior Court (1987) 43 Cal.3d 833, 840. The psychotherapist-patient privilege does not apply to relevant documents if a patient has tendered his or her own mental or emotional condition as an issue in litigation. Cal. Evid. Code §1016.

On August 10, 2020 the court denied plaintiff’s motion to quash similar subpoenas, finding plaintiff put his mental health at issue, making the records discoverable. See 8/10/2020 minute order at pg. 2. The same analysis applies here. Plaintiff’s mental and emotional state are the gravamen of this case. Hughes and the practice treated plaintiff for injuries allegedly caused by defendant. Martinez Dec. ¶3, Ex. B. Plaintiff put these matters at issue. Due process and fairness require that defendant have access to these records. GRANTED.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.

Case Number: BC661726    Hearing Date: August 10, 2020    Dept: P

 

Tentative Ruling

Jacob Dier v. Elizabeth Kromhout (sued as Elizabeth Glanzer), Case No. BC661726

Hearing Date August 10, 2020

Plaintiff’s Motion to Quash Foreign Subpoenas; Defendant’s Motion to Compel Compliance with Subpoenas

Plaintiff Dier alleges his former therapist, defendant Kromhout (formerly Glanzer) breached her professional duty of care and alleges psychological harm and emotional distress. Defendant served subpoenas on medical and psychiatric treatment providers and facilities, which plaintiff seeks to quash. The subpoenas request psychiatric reports/notes and billing records.

Plaintiff’s Motion to Quash

When considering a motion to quash based on an asserted privacy right, the court balances the relevance of the information sought against the privacy interest implicated. Southern Pacific Co. v. Superior Court (1940) 15 Cal.2d 206, 209, Williams v. Superior Court (2017) 3 Cal.5th 531, 541. See also Britt v. Superior Court (1978) 20 Cal.3d 844, 862-864. A party alleging mental and emotional distress puts his or her mental health at issue, allowing discovery related to current or pre-existing mental health conditions. Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.

Plaintiff alleges psychological harm and severe emotional distress resulting from defendant’s allegedly negligent treatment. FAC at pgs. 4-5. Plaintiff suffers from a “substance abuse problem,” of which defendant was aware (FAC at pg. 4) and schizophrenia and “mental and emotional fragility.” Defendant’s Exhibit E, pgs. 6, 13. Finally, plaintiff claims “[o]ngoing difficulty working with therapists” as a result of defendant’s treatment. Id. at pg. 7.

Plaintiff put his past and current mental health, schizophrenia and substance abuse issues at issue. His past treatment and mental health are directly relevant to the nature and extent of any alleged injuries. The court acknowledges the requested documents are sensitive and considers plaintiff’s privacy interests. However, allowable discovery is broad, and plaintiff’s mental health is the gravamen of his claims against defendant. Defendant cannot fully defend herself without access to and evaluation of plaintiff’s mental health records.

Regarding billing records, such are relevant to the names of providers, dates and length of the treatment. Plaintiff was unable to recall certain times of treatment or names of treaters. The privacy interests in billing records are doubtless less than the privacy interest records in the treatment records themselves. Plaintiff put these matters at issue. The records are discoverable. Motion to quash is DENIED.

Since both parties acted in good faith – defendant sought discovery of relevant information, and plaintiff asserted a valid privacy interest -- no sanctions will be imposed on either party.

Defendant’s Motion to Compel Compliance with Subpoena

Defendant’s motion to compel seeks production of records from plaintiff’s father, Kelly Dier. The arguments in support of the motion are essentially identical to the arguments made in opposition to plaintiff’s motion to quash. For the same reasons, the motion is DENIED.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. LA COURT CONNECT IS NOW AVAILABLE.

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