On 12/12/2017 PETRA LOMELI filed a Personal Injury - Motor Vehicle lawsuit against ANTONIO G RAYA SR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHEUNG TUNG CHUN
DOES 1 TO 50
RAYA ANTONIO G. SR
RAYA ANTONIO G. SR
LALEZARY SHERVIN ESQ
WARD BRIAN J.
PEACOR HENRY A.
GLANTZ JASON MICHAEL
WAINFELD GABRIEL HORACE
10/5/2018: Substitution of Attorney
10/25/2018: Proof of Personal Service
11/15/2018: Demand for Jury Trial
11/15/2018: Notice of Deposit
3/1/2019: Request for Dismissal
3/20/2019: Association of Attorney
3/20/2019: Notice of Change of Address or Other Contact Information
12/12/2017: CIVIL DEPOSIT
12/12/2017: COMPLAINT FOR DAMAGES 1. MOTOR VEHICLE NEGLIGENCE 2. GENERAL NEGLIGENCE
12/12/2017: NOTICE OF JURY FEE DEPOSIT
[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Antonio G. Sr Raya (Defendant)Read MoreRead Less
Notice of Change of Address or Other Contact Information; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
NOTICE OF CHANGE OF ADDRESS AND HANDLING ATTORNEYS; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
Request for Dismissal; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
Notice of Deposit - Jury; Filed by Tung Chun Cheung (Defendant)Read MoreRead Less
Answer (Cross-Defendant Antonio G. Raya's Answer to Cross-Complainant Tung Chun Cheung's Cross-Complaint); Filed by Antonio G. Sr Raya (Defendant)Read MoreRead Less
Cross-Complaint; Filed by Tung Chun Cheung (Cross-Complainant); Tung Chun Cheung (Cross-Complainant)Read MoreRead Less
Summons (on Cross Complaint); Filed by Tung Chun Cheung (Cross-Complainant)Read MoreRead Less
Cross-Complaint; Filed by Tung Chun Cheung (Cross-Complainant)Read MoreRead Less
Answer; Filed by Tung Chun Cheung (Defendant)Read MoreRead Less
Notice of Deposit - Jury; Filed by Antonio G. Sr Raya (Defendant)Read MoreRead Less
Answer; Filed by Antonio G. Sr Raya (Defendant)Read MoreRead Less
Proof of Personal Service; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
Substitution of Attorney; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
NOTICE OF JURY FEE DEPOSITRead MoreRead Less
SUMMONSRead MoreRead Less
CIVIL DEPOSITRead MoreRead Less
COMPLAINT FOR DAMAGES 1. MOTOR VEHICLE NEGLIGENCE 2. GENERAL NEGLIGENCERead MoreRead Less
Receipt; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
Complaint; Filed by Petra Lomeli (Plaintiff)Read MoreRead Less
Case Number: BC686579 Hearing Date: September 18, 2020 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
ANTONIO G. RAYA, SR., et al.,
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[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL NON-PARTY KAISER FOUNDATION HOSPITALS’ COMPLIANCE WITH DEPOSITION SUBPOENA AND/OR PAY FOR A DISCOVERY REFEREE TO ASSIST IN THE PRODUCTION OF DOCUMENTS
September 18, 2020
On December 12, 2017, plaintiff Petra Lomeli filed this action against defendants Antonio G. Raya, Sr. and Tung Chun Cheung arising from a November 9, 2016 three-car motor vehicle collision. On February 13, 2020, Defendant issued subpoenas to nonparty Kaiser Foundation Hospital/SCPMG ROI Unit and So. California Permanente Medical Group-Billing (“Kaiser”) requesting medical and billing records of Plaintiff over the last 10 years with a production date of March 9, 2020. The medical and billing records were limited to those relating to specific body parts and symptoms (i.e., head, skull, brain, cervical spine, headaches, thoracic spine, lumbosacral spine, neck, lower back, upper back, left shoulder, right shoulder, numbness and tingling, pins and needles sensation, left leg, and right leg).
A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (Code Civ. Proc., § 2020.010.) A deponent who disobeys a deposition subpoena may be punished for contempt without the necessity of a prior order of the court directing compliance by the witness. (Code Civ. Proc., § 2020.240.)
Kaiser stated it was unable to comply with this subpoena because its records system is not set up to sort records by body parts, medical conditions, or symptoms. Kaiser offered to provide records by date range, department types, or provider names or suggested appointing a discovery referee. Plaintiff has not objected to the subpoena or the Motion.
Defendant moves to compel Kaiser’s compliance with the subpoena.
In opposition, Kaiser states that it is willing to comply with the subpoena as long as the subpoenas are not limited by body parts. This issue is moot as Defendant is already amenable to removing that part of the subpoena. It also appears in Defendant’s reply that Defendant is open to the idea of having the records sorted by date range and Kaiser is able to do so.
Accordingly, the Court GRANTS Defendant’s Motion in part and orders Kaiser to produce Plaintiff’s medical records from November 9, 2006 to the present. As to the appropriate method for distribution of these records, the Court finds that the records should be disbursed to counsel for both parties. Counsel, as officers of the court, can then be trusted to meet and confer regarding which documents should be destroyed as irrelevant.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
18th day of September 2020
Hon. Edward B. Moreton, Jr.
Judge of the Superior Court
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