This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 17:56:39 (UTC).

RICHARD ALLEN ROOT VS KEENAN KURDI ET AL

Case Summary

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.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5190

  • Filing Date:

    09/11/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BENNY C. OSORIO

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff

ROOT RICHARD ALLEN

Defendants

KURDI KARL

KURDI KEENAN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

FARRAJ JULIEANN S.

SU AIHUI

Defendant Attorney

HELMS DREW D.

 

Court Documents

Minute Order

2/25/2019: Minute Order

Minute Order

3/11/2019: Minute Order

Order - Dismissal

3/11/2019: Order - Dismissal

Unknown

3/11/2019: Unknown

Declaration

4/11/2019: Declaration

Motion to Set Aside/Vacate Dismissal

4/11/2019: Motion to Set Aside/Vacate Dismissal

Substitution of Attorney

4/15/2019: Substitution of Attorney

Minute Order

4/26/2019: Minute Order

Ex Parte Application

4/26/2019: Ex Parte Application

Proof of Personal Service

5/16/2019: Proof of Personal Service

Answer

5/16/2019: Answer

Proof of Service by Mail

5/16/2019: Proof of Service by Mail

Notice

5/21/2019: Notice

Proof of Service by Mail

12/20/2017: Proof of Service by Mail

ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

12/1/2017: ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL

12/1/2017: ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL

Minute Order

12/1/2017: Minute Order

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

10/30/2017: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

12 More Documents Available

 

Docket Entries

  • 05/21/2019
  • DocketNotice (of Court Order re Setting Final Status Conference and Trial Date); Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 05/16/2019
  • DocketProof of Service by Mail; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 05/16/2019
  • DocketAnswer; Filed by KEENAN KURDI (Defendant); KARL KURDI (Defendant)

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  • 05/16/2019
  • DocketProof of Personal Service; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 04/26/2019
  • Docketat 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

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  • 04/26/2019
  • DocketEx Parte Application (for an Order Shortening Time to Hear Motion to Vacate or Set Aside Dismissal); Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 04/26/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application for an Order Shortening Time ...)); Filed by Clerk

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  • 04/15/2019
  • DocketSubstitution of Attorney; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 04/11/2019
  • DocketMotion to Set Aside/Vacate Dismissal; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 04/11/2019
  • DocketDeclaration (of Richard Allen Root in support of Motion to Vacate or Set Aside Dismissal); Filed by RICHARD ALLEN ROOT (Plaintiff)

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20 More Docket Entries
  • 10/30/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 10/30/2017
  • DocketProof of Service by Mail

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  • 10/30/2017
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

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  • 10/10/2017
  • DocketMotion to Be Relieved as Counsel; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 10/10/2017
  • DocketMotion to Be Relieved as Counsel; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 10/10/2017
  • DocketDeclaration; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 10/10/2017
  • DocketMotion to Be Relieved as Counsel

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  • 09/11/2017
  • DocketComplaint; Filed by RICHARD ALLEN ROOT (Plaintiff)

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  • 09/11/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/11/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****5190    Hearing Date: January 21, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

richard allen root,

Plaintiff,

v.

keenan kurdi, et al.,

Defendants.

Case No.: ****5190

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



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