This case was last updated from Los Angeles County Superior Courts on 10/13/2020 at 16:15:29 (UTC).

JENNIFER LEE MILLER ET AL VS JOSHALYN WHITE ET AL

Case Summary

On 05/09/2018 JENNIFER LEE MILLER filed a Personal Injury - Motor Vehicle lawsuit against JOSHALYN WHITE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5688

  • Filing Date:

    05/09/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

EDWARD B. MORETON

 

Party Details

Plaintiff and Petitioner

MILLER JENNIFER LEE

Defendants and Respondents

WHITE JOHNESHA

WHITE JOSHALYN

WHITE REGINA BAKER

DOES 1-50

WHITE JOHNEISHA

Guardian Ad Litem

SMITH JOHNNIE FAY

Minor

SMITH ALIYAH

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorney

ELLIS ANDREW L. ESQ.

Defendant Attorney

REISINGER ROBERT

 

Court Documents

Notice of Settlement

5/6/2020: Notice of Settlement

Minute Order - MINUTE ORDER (COURT ORDER)

5/7/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

3/25/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (HEARING ON STIPULATED EX PARTE APPLICATION TO CONTINUE TRIAL)

3/26/2020: Minute Order - MINUTE ORDER (HEARING ON STIPULATED EX PARTE APPLICATION TO CONTINUE TRIAL)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH PLAINTIFF'S MOTION TO QUASH DEFEND...)

2/18/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH PLAINTIFF'S MOTION TO QUASH DEFEND...)

Opposition - OPPOSITION TO MOTION

2/4/2020: Opposition - OPPOSITION TO MOTION

Motion to Quash

1/13/2020: Motion to Quash

Stipulation and Order - STIPULATION AND ORDER PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL

11/20/2019: Stipulation and Order - STIPULATION AND ORDER PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

9/25/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

ANSWER OF DEFENDANTS JOSHALYN WHITE, JOHNEISHA WHITE (SUED HEREIN AS ?JOHNESHA WHITE?) AND REGINA BAKER WHITE TO PLAINTIFFS' COMPLAINT

9/10/2018: ANSWER OF DEFENDANTS JOSHALYN WHITE, JOHNEISHA WHITE (SUED HEREIN AS ?JOHNESHA WHITE?) AND REGINA BAKER WHITE TO PLAINTIFFS' COMPLAINT

Substitution of Attorney

2/25/2019: Substitution of Attorney

Substitution of Attorney

2/25/2019: Substitution of Attorney

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

5/25/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS -

6/19/2018: SUMMONS -

PROOF OF SERVICE SUMMONS -

6/29/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

6/29/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE OF SUMMONS

7/6/2018: PROOF OF SERVICE OF SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

5/9/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

10 More Documents Available

 

Docket Entries

  • 09/22/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 09/11/2020
  • Docketat 10:00 AM in Department 27, Edward B. Moreton, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 07/06/2020
  • DocketRequest for Dismissal; Filed by Joshalyn White (Defendant); Regina Baker White (Defendant); Johneisha White (Defendant)

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  • 05/19/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 05/07/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Court Order

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  • 05/07/2020
  • DocketCertificate of Mailing for ((Court Order) of 05/07/2020); Filed by Clerk

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  • 05/07/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 05/06/2020
  • DocketNotice of Settlement; Filed by Jennifer Lee Miller (Plaintiff)

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  • 05/05/2020
  • Docketat 10:00 AM in Department 27, Edward B. Moreton, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/26/2020
  • Docketat 08:30 AM in Department 74; Hearing on Ex Parte Application (to Continue Trial) - Held

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20 More Docket Entries
  • 07/06/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 07/06/2018
  • DocketProof-Service/Summons; Filed by Jennifer Lee Miller (Plaintiff); Aliyah Smith (Legacy Party)

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  • 06/29/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/29/2018
  • DocketProof-Service/Summons; Filed by Johnnie Fay Smith (Legacy Party); Jennifer Lee Miller (Plaintiff); Aliyah Smith (Legacy Party)

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  • 06/29/2018
  • DocketProof-Service/Summons; Filed by Johnnie Fay Smith (Legacy Party); Jennifer Lee Miller (Plaintiff); Aliyah Smith (Legacy Party)

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  • 06/29/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/19/2018
  • DocketSUMMONS

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  • 05/25/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 05/09/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 05/09/2018
  • DocketComplaint; Filed by Jennifer Lee Miller (Plaintiff)

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Tentative Rulings

Case Number: BC705688    Hearing Date: February 18, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION TO QUASH SUBPOENA

On May 9, 2018, plaintiff Jennifer Lee Miller filed this action against defendants Joshalyn White, Johnesha White, and Regina Baker White (collectively, “Defendants”) for injuries sustained in a July 8, 2016 motor vehicle accident. Plaintiff claims injuries to her back, head, spine, and both knees. On December 18, 2019, Defendants served a subpoena on Medi-Cal Community Health Plan – County of L.A. (“Deponent”) for Plaintiff’s medical and billing records. On December 31, 2019, Plaintiff’s counsel sent an email requesting Defendants narrow the subpoena to records for five years before the accident and limited to the body parts at issue. Defendants did not agree.

A court “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other orders as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subd. (a).)

When a plaintiff puts her health and physical condition at issue, the privacy and privileges that normally attach to such sensitive information are “substantially lowered by the very nature of the action.” (Heller v. Norcal Mutual Ins. Co. (1994) 8 Cal.4th 30, 43.) The Court must “balance the public need against the weight of the privacy right” and only serious invasions of privacy will bar discovery. (Crab Addison, Inc. v. Superior Court (2008) 169 Cal.App.4th 958, 966.) “[A]lthough in seeking recovery for physical and mental injuries plaintiffs have unquestionably waived their physician-patient . . . privileges as to all information concerning the medical conditions which they have put in issue, past cases make clear that such waiver extends only to information relating to the medical conditions in question, and does not automatically open all of a plaintiff’s past medical history to scrutiny.” (Britt v. Superior Court (1978) 20 Cal.3d 844, 849.) The burden is on the party seeking the constitutionally protected information to establish direct relevance. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1017.)

Defendants argue Plaintiff testified about a car accident 16 years before her deposition that resulted in back injuries and about a history of arthritis in her knees since 2010 or 2011. Therefore documents from 2003 to the present concerning her back and knees are potentially relevant. Accordingly, Plaintiff’s motion to quash is GRANTED in part. The subpoena is limited to responsive records since 2003 concerning the body parts at issue, namely Plaintiff’s back, head, spine, and knees.

The Court does not award sanctions as the motion was made and opposed with substantial justification.

Moving party to give notice.