On 09/11/2017 RICHARD ALLEN ROOT filed a Personal Injury - Motor Vehicle lawsuit against KEENAN KURDI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BENNY C. OSORIO and STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
****5190
09/11/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
BENNY C. OSORIO
STEPHEN I. GOORVITCH
ROOT RICHARD ALLEN
KURDI KARL
KURDI KEENAN
DOES 1 TO 25
FARRAJ JULIEANN S.
SU AIHUI
HELMS DREW D.
3/11/2019: Minute Order
3/11/2019: Order - Dismissal
3/11/2019: Unknown
4/11/2019: Declaration
4/11/2019: Motion to Set Aside/Vacate Dismissal
4/15/2019: Substitution of Attorney
4/26/2019: Minute Order
5/16/2019: Proof of Personal Service
5/16/2019: Answer
12/1/2017: ORDER RE: MOTION TO BE RELIEVED AS COUNSEL
12/1/2017: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL
12/1/2017: Minute Order
10/30/2017: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
10/30/2017: Proof of Service by Mail
10/30/2017: Motion to Be Relieved as Counsel
10/30/2017: Other -
9/11/2017: SUMMONS
9/11/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Notice (of Court Order re Setting Final Status Conference and Trial Date); Filed by RICHARD ALLEN ROOT (Plaintiff)
Proof of Service by Mail; Filed by RICHARD ALLEN ROOT (Plaintiff)
Answer; Filed by KEENAN KURDI (Defendant); KARL KURDI (Defendant)
Proof of Personal Service; Filed by RICHARD ALLEN ROOT (Plaintiff)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (for an order shortening time to hear motion to vacate or set aside dismissal) - Held - Motion Granted
Ex Parte Application (for an Order Shortening Time to Hear Motion to Vacate or Set Aside Dismissal); Filed by RICHARD ALLEN ROOT (Plaintiff)
Minute Order ( (Hearing on Ex Parte Application for an Order Shortening Time ...)); Filed by Clerk
Substitution of Attorney; Filed by RICHARD ALLEN ROOT (Plaintiff)
Motion to Set Aside/Vacate Dismissal; Filed by RICHARD ALLEN ROOT (Plaintiff)
Declaration (of Richard Allen Root in support of Motion to Vacate or Set Aside Dismissal); Filed by RICHARD ALLEN ROOT (Plaintiff)
Proof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner
Proof of Service by Mail
Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
Motion to Be Relieved as Counsel; Filed by RICHARD ALLEN ROOT (Plaintiff)
Motion to Be Relieved as Counsel; Filed by RICHARD ALLEN ROOT (Plaintiff)
Declaration; Filed by RICHARD ALLEN ROOT (Plaintiff)
Motion to Be Relieved as Counsel
Complaint; Filed by RICHARD ALLEN ROOT (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Case Number: BC675190 Hearing Date: January 21, 2020 Dept: 32
|
richard allen root, Plaintiff, v.
keenan kurdi, et al., Defendants. |
Case No.: BC675190
Hearing Date: January 21, 2020
[TENTATIVE] order RE: motion to quash subpoenas |
BACKGROUND
Plaintiff Richard Allen Root (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Keenan and Karl Kurdi (“Defendants”). Plaintiff alleges that he became immobilized as a result of the accident. Plaintiff also alleges that he “developed severe depression, anxiety and insomnia” as a result of these physical injuries, as well as neurological injuries, “mild cerebral white matter disease, which could result from an imbalance and problems with mobility.” (Plaintiff’s Motion, at p. 4:11.) Therefore, Defendants issued a subpoena for medical records from Aurora Charter Oak Hospital (a mental health care center) and Plaintiff’s psychiatrist, Nageswara R. Guntupall, M.D. Plaintiff moves to quash those subpoenas, which Defendants oppose. The motion is denied.
LEGAL STANDARD
If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.” (Code Civ. Proc., § 1987.2, subd. (a).)
DISCUSSION
A plaintiff who seeks to recover for personal injuries waives the physician-patient privilege to some extent, but does not waive the privilege with respect to the plaintiff’s lifetime medical history. (Britt v. Superior Court (1978) 20 Cal.3d 844, 863-864.) Plaintiff has put his mental and neurological health at issue in this litigation by alleging severe depression, anxiety, insomnia, and cerebral disease stemming from physical injuries suffered in the accident. Defendants are entitled to Plaintiff’s mental health and neurological records to confirm or refute those allegations. The Court does not believe the time frame is too broad, because the subpoenas seek records for the past ten years, and the accident occurred on September 18, 2015.
The Court declines to award sanctions. The Court concludes that the parties had a good faith dispute as to the proper scope of the subpoenas, and that neither party has acted in bad faith.
CONCLUSION AND ORDER
Plaintiff’s motion to quash is denied. Plaintiff shall provide notice and file proof of such with the Court.
DATED: January 21, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court