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1JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue of the Stars Suite # 450 FILED/ENDORS ;D
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868 AUG 0 5 2022
4 Email: josh@falakassalaw.com
By:. E. Macdnnairi
5 ARASH S. KHOSROWSHAHI (SBN: 293246) Deputy Clerk
6 LIBERTY MAN LAW, P.C.
1010 F Street, Ste. 300
7 Sacramento, Califomia 95814
Tel.: (916) 573-0469; Fax: (866) 700-0787
8 Email: ash@libertymanlaw.com
9
Attomeys for Plaintiff,
10 SAJIDAZAMAN
11 SUPERIOR COURT OF CALIFORNIA
12
COUNTY OF SACRAMENTO
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SAJIDA ZAMAN, CASE NO.: 34-2019-00252121
15 RESERVATION ID: 2665217
Plaintiff,
16 DECLARATION OF ARASH S.
vs. KHOSROWSHAHI IN SUPPORT OF
17 MOTION TO QUASH OR MODIFY THE
LIQUI-BOX CORPORATION, and DOES 1 SCOPE OF SUBPOENA TO
18 through 20, inclusive. METHODIST HOSPITAL OF
SACRAMENTO AND MONETARY
19 Defendants. SANCTIONS ^ ^ p ^
20 Date: October 20, 2022
Time: 1:30pm
21 Dept.: 53
22 Trial Date: September 12, 2022
I, ARASH KHOSROWSHAHI, declare as follows:
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1. I am an attomey licensed to practice law in the State of Califomia. My State Bar Numbei
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is 293246.
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2. I represent Plaintiff Sajida Zaman ("Plaintiff") in the above-entitled action. I have
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knowledge of the facts stated herein and can testify competently thereto.
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DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
1 of 4
1 3. On or about July 21,2022, counsel for Defendant served a subpoena to Methodist Hospital
2 of Sacramento, requesting the entirety of Plaintiffs medical records as follows:
3 "Complete medical records from the first date of treatment to the present, including
4 but not limited to any records/documents that may be stored digitally and/or electronically:
5 TeleHealth Records and any recordings, documents, correspondence, correspondence from
6 the patient or patient's attomey, patient intake forms, copies of health insurance cards and
7 photo ED's, medical reports, doctor's entries, nurse's notes, medication administration
8 records, office notes, progress reports, cardiology reports, radiology reports, x-ray reports,
9 MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips
10 physical therapy records, occupational therapy records, case history, emergency records,
11 outpatient records, diagnosis and prognosis documentation, admit and discharge records,
12 notation(s) on any file folder. All emails between physicians and the patient regarding
13 physical complaints, symptoms, and treatment, including secure messages. And every such
14 record, including those existmg in electronic or magnetic form, in the possession, custody
15 or control of the said witness, and every such record to which the witness may have access
16 The date rage of records needed is Any and all records."
17 (Attached as Exhibit A is a tme and correct copy of the Deposition Subpoena for
18 Production of Business Records & Notice to Consumer or Employee and Objection; see
19 Attachment 3 therein [emphasis added].)
20 4. Upon receipt of the subpoena, I sent a detailed meet and confer letter on or about July 28,
21 2022 arguing in sum that the requested records were overbroad and violated Plaintiffs
22 right to privacy in her medical records. (Attached as Exhibit B is a trae and correct copy
23 of the July 28, 2022 meet and confer letter.) Plaintiff offered to limit the scope of the
24 subpoena to encompass the disabilities related to the instant wrongful termination suit
25 along with her related emotional distress. (See Exhibit B.)
26 5. On July 29, 2022, counsel for Defendant requested that the records encompass Plaintiffs
27 2013 workers compensation injury, given that Plaintiff placed that injury at issue in her
28 opposition to Defendant's Motion for Simimary Judgment. (Attached as Exhibit C are
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
2 of 4
1 emails between counsel from July 29, 2022 to August 1, 2022.) Counsel for Defendant
2 fiirther claimed that Defendant wanted medical records docimienting any other condition
3 that precluded Plaintifffromworking, but that if her workers compensation file for a related
4 subpoena referred to unrelated information, he would agree to limit the scope. (See Exhibit
5 C.)
6 6. That same day, I sent a follow-up email asking whether Defendant's counsel proposal
7 regarding the 2013 injury applied only to the related subpoena, or the medical records
8 subpoena to Methodist Hospital of Sacramento and other medical record subpoenas as well
9 (Id.) Not having heard a response, I sent a follow-up email on August 1, 2022. (Id.) But
10 Defendant did not follow up.
11 7. I am a graduate of the University of Califomia, Berkeley School of Law ("Boalt Hall"), a
12 Top 14 law school. I further graduated with a Bachelor of Science in Mathematics (Honors)
13 and a Bachelor of Arts in Philosophy (Highest Honors) from the University of Califomia,
14 Davis in 2009. I mn a solo practice in Sacramento, Califomia, and have been practicing
15 law since December 2013.1 primarily handle unlimited civil litigation cases in employment
16 law, which include class-action wage-and-hour cases as well as wrongfiil termination
17 cases. I practice throughout the State of Califomia, having litigated cases successfblly in
18 the greater Sacramento Area, the Bay Area, and the greater Los Angeles area. I have also
19 negotiated six-figure/seven-figure settlements for class-action wage-and-hoixr matters as
20 well as six-figure settlements for wrongful termination matters. I was selected as a Super
21 Lawyer Rising Star in Northem Califomia in 2020, 2021, and 2022, a distinction that is
22 reserved for the top 2.5% of lawyers practicing less than 10 years. For these reasons, I
23 believe an hourly rate of $500 is a reasonable hourly rate.
24 8. I spent 1.5 hours researching and drafting this instant Motion and related documents herein,
25 resulting in $750.00 in reasonable attomey's fees. Further, Plaintiff incurs a $60 motion
26 filing fee. I therefore respectfully request sanctions in the amoimt of $810.00 for reasonable
27 costs and attomey's fees.
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DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
3 of 4
1 I declare under penalty of perjury under the laws of the State of Califomia that the
2 foregoing is tme and correct.
3 Dated: August 5, 2022
4
5 By:
Arash S. Khosrowshahi
6 Attomey for Plaintiff Sajida Zaman
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DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
4 of 4
EXHIBIT A
SUBP-025
^TTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
James Jones, Bar # 167967
Jackson Lewis P.C. -132849
400 Capttal Mall #1600
Sacramento, CA 95814
TELEPHONE NO.:916-341-0404 FAX NO. (OpffonaO:916-340-0141
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendant, LIQUI-BOX CORPORATION
SUPERIOR COURT OF CAUFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS: 720 Ninth Street
C t r l ' AND ZIP CODE: Sacramento, CA 95814
CASE NUMBER:
Sajida Zaman VS. Uqu^OX corporation, and DOES 1 through 20, Inclusive
34-2019-00252121-CU-WT-GDS
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc., §§ 1985.3,1985.6)
NOTICE TO CONSUMER OR EMPLOYEE
To Sajida Zaman and/or attomeys of record: Liberty Man Law, Arash S. Khosrowshahi, 1010 F Street, SuKe 300, Sacramento,
CA 95814 and FALAKASSA LAW, P.C. Joshua S. Falakassa, 1901 Avenue of the Stars, SuKe 450, Los Angeles, CA 00067.
1. PLEASE TAKE NOTICE THAT REQUESTING PARTT (name): UQUI-BOX CORPORATION SEEKS YOUR RECORDS FOR
EXAMINATION by the parties to this action on (specify date): 8/12/2022
The records are desnibed in the subpoena directed to witiiess (spedfy name and address of person or entify from whom records
are sought): Methodist Hospttal of Sacramento, 7500 Hospttal Drive, Sacramento, California, 95823
2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED
IN ITEM a. OR b. BELOW:
a. If you are a party to the above-entttled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash
or modify the subpoena and give notice of that motion to the witness and the deposKlon officer named in the subpoena at least
five days before the date set for production of the records.
b. If you are not a party to this actbn, you must serve on the requesting party and on the wHness, before the date set for production
of the records, a written otijection that states the spedfic grounds on which production of such records should be prohibited. You
may use the form below to object and state the grounds for your objection. You must complete the Proof of Sen/lce on the reverse
side Indicating whether you personally served or mailed the objection. The objection should not be filed with the court. WARNING:
IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED
AND MAY BE AVAILABLE TO ALL PARTIES.
3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to
cancel or limit the scope of the subpoena. If no such agreement isreached,and if you are not othenwiserepresentedby an attomey
in this acBon, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.
OBJECTION BY NON4>ARTY TO PRODUCTION OF RECOF
1. I |l object to the production of all of my records specified in the subpoena.
2. I }l object only to the production of the fblloviring specified records:
3. Tho opooiflo grounds for my objection oro as f o l l o w s : "
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
(Proof of service on reverse)
Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Coda of CIvH Prooedum,
Judicial CouncB of CeSSaria §§ 1885.3. isas.e,
SUBP-Q2S (RBV. Janusiy 1,2008) 2(l2aoiO-2020.S10
ivww.courSnffi. at-gav
OnlerNo.: 440643.003
SUBP-02S
CASE NUMBER-
Sajida Zaman VS. Liqui-BOX corporation, and DOES 1 through 20, inclusive
34-2019-00252121-CU-WT-GDS
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc.. §§ 1985.3.1985.6)
I X I Personal Service • Mall I I Federal Express
1. At the time of service I was at least 18 years of age and not a party to this legal action, my business address is
2. I served a copy of the Notice to Consumer or Employee and Objection as follows (c/iecfc e^sr a orb):
a. |X Personal service. I personally delivered the Notice to Consumer or Employee and Objection as follows:
1) Name of person served: See attached Service List (3) Date served:
2) Address where served: (4) Time served:
Mall I deposited the Notice to Consumer or Employee and Objection in the United States mall, inc., In a sealed envelope
with postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served: (3) Date sen/ed:
(2) Address where served: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San
Dimas, CA 91773.
(5) I am aresidentof or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
jFed Ex. I deposited the Atotfce to Consumer or Emptoyae and Objection with Federal Express, Inc, in a sealed envelope
with postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served: (3) Date served:
(2) Address vt^ere served: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San
Dimas, CA 91773.
(5) I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and oorrecL
Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED)
PROOF OF S E R V K : E OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc., §§ 198S.3.198S.6)
i iPefsonal Servtca j |MaH
1. At the thne of seivlce I was at least 18 yeais of aga and not a party to this legal aetlan.
2.1 solved a oopf the Direction to Production of Records as follows (comply eHher a or b):
a. ON THE REQUESTING PARTY
(1) 1 iPefsonal service. I personally dellvared Sie Qt^chon to ProdM^oa of Records as follows:
(i) Name of person seived: (Si) Date seived:
(iQ Address wlieresa-ved: (Iv) Time served:
(2) Man. I deposited the Ob/ecBon to PmducHon of Records In the UnBed States msS, In a sealed envelope with
_postase.ful^prepaid.-The.ffiivelope.was.addiBssedas-folteMs: , ,
(i) Name of person seived: (III) Date served:
Oi)Address where served: (Iv) Tims served:
(v) I em a resident of or employed In the county where the Ot^ecUon to Production of Records was mailed.
b.ONTHEWrTOESS
_ j1) I jPeisonal servlee. I p^onally d^iveted the (X^jecHon to ProOicUon ol Records as follows:
(I) Name or person seivea: (Bl) uats servea:
(11) Address where served: (Iv) Time senred:
(2) I iMafl. I deposited ttie Objection to Production of Records In the United States mall, In a sealed envelope with
postage fully prepaid. The envelope was addressed as fbllows:
(() Nama of person senred: (111) Data senred:
(ii) Address where saved: (lv)T1n)e served:
(V) I am a resident of or employed In the county where the Ob/ectlon to Production ot Records was mailed.
3. My residence or business edAess Is (spedfy):
4. My phone nuint>er Is (specify):
I declara under penalty of perjury under the laws of the State of CaHfomia that the foregoing Is true and cortect.
Date:.
(TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON VrttO SERVED)
suBP.02S[R». January 1.2008] NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Piige2rds described in item 3. enctosed in a sealed inner
wrapper with the title and number of the action, name of witness, and date of subpoena dearly written on it The inner
wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the
address In item 1.
b. I i by delivering a true, legible, and durable copy of the business records described in item 3 to the deposltton officer at the
witness's address, on receipt of payment In cash or by chedc of the reasonable costs of preparing the copy, as determined
under Evidence Code section 1563(b).
c. I X I by making the original business records described in Hem 3 availat>le for inspection at your business address by the
attomey's representative and permitiing copying at your business address under reasonable conditions during normal
business hours.
2. 777e records are to be produced by the date and time sttown In Item 1 (but not sooner than 20 days after Ihe issuance of the
cfeposrtibn subpoena, or 15 ciays after service, whichever date is latar). Reasonable costs of locating records, making ihem avaUable
or copying Oiem. and postage, if any, are recoverable as set forth In Evidence Code section 1563(b). The records shall be
accompanied by an aftidavit of tiie custodian or other qualified witness purwant to Evidence Coda section 1561.
3. The records to be produced are described as follows (if electronically stored Information Is demanded, the form or forms In
which each type of information is to be produced may be ^jecifled):
Record Subject SaJWa Zaman; DOB: 3/19/1965 SSN: xxx-xx-4074
i X i Continued on Attachment 3
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985w6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU. A COURT ORDER OR AGREEMENT OF THE PARTIES. WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
(Tm-E)
(Proof of servtee on reverse) Page 1 of 2
form Adopted for Mmdatory Use Cods of C M Procedure. §§2020410-2020/440
Juddal CouncS of C^ilomla
DEPOSITION SUBPOENA FOR PRODUCTION Gtwemnenl Code, 568097.
SUBP410 (Rev. Januaiy 1.2012| OF BUSINESS RECORDS
Order No.: 440643-003
Attachment 3 (Records To Be Produced)
Please provide the following records pertaining to:
Sajid/2^man
DC^: 3/19/1965 SSN: xxx-xx-4074
Complete medical records from the first date of treatment to the present, including but not
limited to any records/documents that may be stored digitally and/or electronically:
TeleHealth Records and any recordings, documents, correspondence, con^espondence
from the patient or patient's attomey, patient intake fomris, copies of health insurance
cards and photo ID's, medical reports, doctor's entries, nurse's notes, medication
administration records, office notes, progress reports, cardiology reports, radiology reports,
x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports,
monitor strips, physical therapy records, occupational therapy records, case history,
emergency records, outpatient records, diagnosis and prognosis documentation, admit
and discharge records, notation(s) on any file folder, M\ emails between physicians and
the patient regarding physical complaints, symptoms, and treatment, including secure
messages, and every such record, including those existing in etectronic or magnetic form,
in the possession, custody or control of the said witiiess, and every such record to which
the wibiess may have access.
The date range of records needed is Any and all records.
Order No.: 440643-003
SUBP-010
Sajida Zaman CASE NUMBER:
V.
Liqui-BOX corporation, and DOES 1 through 20, Inclusive 34-2019-00252121 -CU-WT-GDS
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. I sen/ed this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as
a. Person served (name):
b. Address where served: • n Methodist Hospital of Sacramento
7500 Hospital Drive
Sacramento, CA 95823
Date of delivery:
Time of delivery:
(1) m Witness fess were paid.
Amount $
(2) Copying fees were paid.
Amount $
f. Fee for service $_
2.1 received this subpoena for service on {date):
3. Person Serving:
a. Not a registered Califomia process server
b. California sheriff or marshal
c. Registered California process server
d. Employee or independent contractor of a registered Califomia process server
e. Exempt from registraOon under Business of a Professions Code section 223S0(b).
f. Registered professional photocopier.
g- Exempt from registration under Business of a Professions Code section 22451.
h. Name, address, telephone number, and, if applicable, county of registration and number
Onteilus, 170 E. fimw Highway, San Dimas, CA 91773; 800-229-7477
County of IJOS / ^ e l e s
Registration Number 2017064325
1 declare under penalty of peijury under the laws of the State of (For California sheriff or marshal use only)
Califomia that ttia foregoing is true and correct. I certify that the fore^ng Is true and correct
Date:
(SIGNATURE) (SION/VrURE)
Forni Adi^itBd for Mandatoiy Use Code of CM PiDcsdlve, $§2020.410.3020.440
Judidai Coondl of Calfotnla
DEPOSITION SUBPOENA FOR PRODUCTION Government Cods, §68097.
SUBP.010 (Rw. January 1,2012] OF BUSINESS RECORDS
Order No.: 440643-003
EXHIBIT B
LIBERTY MAN LAW, P.C.
1010 F Street, Ste. 300
Sacramento, California 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
Email: ash(a),libertvmanlaw.com
www.Ubertvmanlaw.com
July 28, 2022
SENT VIA EMAIL
CcJACKSON LEWIS P.C.
Attn: JAMES T. JONES
400 Capitol Mall, Suite 1600
Sacramento, Califomia 95814
Email: j ames.j ones(a)A ackson 1 ewi s. com
Kelly. Asano(a)iacksonlewis.com
SENT VIA U.S. MAIL
Cc: Methodist Hospital of Sacramento
7500 Hospital Drive
Sacramento, CA 95823
Re: Zaman v. Liqui-Box Corporation, et al.. Case No.: 34-2019-00252121
Meet and confer re: medical records subpoena for Plaintiff Sajida Zaman.
Coimsel:
Our office received your recent subpoena for Plaintiff Sajida Zaman's ("Plaintiff') medical
records at Methodist Hospital of Sacramento, wherein Defendant Liqui-Box Corporation
("Defendant") requested the following documents:
"Complete medical records from the first date of treatment to the present, including
but not limited to any records/documents that may be stored digitally and/or electronically:
TeleHealth Records and any recordings, documents, correspondence, correspondence fi-om
the patient or patient's attomey, patient intake forms, copies of health insurance cards and
photo ID's, medical reports, doctor's entries, nurse's notes, medication administration
records, office notes, progress reports, cardiology reports, radiology repiorts, x-ray reports,
MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips,
physical therapy records, occupational therapy records, case history, emergency records,
outpatient records, diagnosis and prognosis documentation, admit and discharge records,
notation(s) on any file folder. All emails between physicians and the patient regarding
physical complaints, symptoms, and treatment, including secure messages. And every such
record, including those existing in electronic or magnetic form, in the possession, custody
or control of the said witness, and every such record to which the witness may have access.
The date rage of records needed is Any and all records."
1 of 3
(emphasis added.)
This request for Plaintiffs medical records is clearly overbroad and intended to harass our
client by violating her right to medical privacy as to records not related to her instant wrongful
termination suit against Defendant.
"In evaluating privacy claims, considerations which, among others, will affect the exercise
of the trial court's discretion include the purpose of the information sought, the effect that
disclosure will have on the parties and on the trial, the nature of the objections urged by the
party resisting disclosure, and ability of the court to make an alternative order which may
grant partial disclosure, disclosure in another form, or disclosure only in the event that the
party seeking the information undertakes certain specified burdens which appear just under
the circumstances." (Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425-26 [emphasis
added][citations omitted].)
Plaintiff has a statutory physician-patient privilege to her medical records. (See Evid. Code
§§ 990, 1014.) She also has an "inalienable right of privacy" provided by the California
Constitution, Article 1 § 1. Here, the language in the subpoena must not include any medical
records referring to any medical conditions not claimed in the lawsuit, which in this case are
Plaintiffs disabilities and emotional distress. As confirmed in Hale v. Superior Court (1994) 28
Cal.App.4th 1421, 1424, even if part of a medical condition is at issue, it does not follow that the
plaintiff waived the privilege as to otherwise-protected aspects of her medical history during her
lifetime, or some condition that they may have sufferedfi-omat the time of her termination which
is clearly unrelated to the termination.
In addition, the court inBritt v. Sup. Ct. (1978) 20 Cal.3d 844, 863-64, explained that,
"[P]laintiffs are not 'obligated to sacrifice all privacy to seek redress for a specific [physical],
mental or emotional injury'; while they may not withhold information which relates to any
physical or mental condition which they have put in issue by bringing this lawsuit, they are entitled
to retain the confidentiality of all unrelated medical or psychotherapeutic treatment they may have
undergone in the past." The burden is on the party seeking the constitutionally protected
information to establish direct relevance. Mere speculation that portions of the medical records
might be relevant to some substantive issue is not enough. (See also Davis v. Superior
Court (1992) 7 Cal.App.4th 1008, 1117, 1120.)
Further, while Code of Civil Procedure § 2017.010 allows a party to obtain discovery
regarding any matter not privileged so long as the requests are reasonably calculated to lead to the
discovery of admissible evidence, the statute does not give counsel therightto engage in improper
fishing expeditions. In Greyhound Corp. v. Superior CoMr/(1961) 56 Cal.2d 355, 384-85, the
Supreme Court of Califomia stated:
"The method of 'fishing' may be, in a particular case, entirely improper (i.e., insufficient
identification of the requested information to acquaint the other party with the nature of
information desired, attempt to place the burden and cost of supplying information equally
available to both solely upon the adversary, placing more burden upon the adversary
than the value of the information warrants, etc.)"
(emphasis added.)
2 of 3
We understand if the requests are reasonably limited to records regarding Plaintiffs
specific disabilities and/or related treatments, as well as records related to her emotional distress.
But to broadly request "Any and all records" and "Complete medical recordsfi-omthe first date of
treatment to the present" goes beyond what is directly relevant to the case at hand. Indeed, the
subpoena language is so broad that it does not limit its request to the knee or hamstring disabilities
Plaintiff alleges in her operative complaint, but broadly requests documents related to any
disability or medical condition whatsoever, and incidental documents such as what
commimications healthcare providers have had with Plaintiff regarding her records outside the
scope of this case. In short, the proposed subpoena language is not directly relevant to the case at
hand and is overbroad as to scope.
Defendant cannot use the subpoena power to unearth and uncover every bit of personal and
private detail of Plaintiff s medical history. As such, the scope of the proposed subpoena language
must be curtailed to not infiinge on Plaintiffsrightsto privacy.
Please let me know by August 4, 2022 whether you will agree to modify the scope of the
subpoena to only seek Plaintiffs medical records in relation to her knee/hamstring disabilities
involved in this case and related emotional distress—otherwise we will file a motion to
quash/modify the scope of the subpoena and seek sanctions.
Regards,
Arash S. Khosrowshahi, Attomey at Law
Cc: Sajida Zaman
Joshua Falakassa
Kasra Torabi
3 of 3
EXHIBIT C
8/5/22, 10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp; meet and confer re: medical record subpoenas
\ j pf^ Q11 Arash Khosrowshahi
Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas
Arash Khosrowshahi Mon, Aug 1, 2022 at 10:00 AM
To: "Jones, James T (Sacramento)"
Cc: "Asano, Kelly H.. (Sacramento)" , Joshua Falakassa , Kasra
Torabi
Hi James,
Hope you had a great weekend.
I am following up on my email Friday. Are you proposing a limitation in scope as to Plaintiffs disabilities involved in this
case and emotional distress, along with the 2013 workers compensation injury, for all of the subpoenas, or just the one
issued to Travelers?
Please clarify soon as the motion to quash deadline is fast approaching.
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash@libertymanlaw.com
www.libertymanlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
E
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On Fri, Jul 29, 2022 at 1:15 PM Arash Khosrowshahi wrote:
James,
Is your proposal re: the 2013 injury only as to the Travelers' subpoena or as to all of the medical record subpoenas?
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash@libertymanlaw.com
www.libertymanlaw.com
https://mall.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar 1/4
8/5/22,10:40 AM Liberty IVIan Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re; medical record subpoenas
I "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
i
L
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On Fri, Jul 29, 2022 at 11:38 AM Jones, James T. (Sacramento) wrote:
} Ash,
It should also include references in that file related to the 2013 injury that you placed at issue in your opposition to
the MSJ and any other condition that precluded her from working. However, if her WC file refers to medical
information unrelated to these issues, we can definitely limit it I do not need or want to know her whole medical
history.
Can we agree on these parameters?
James T. Jones
o Attomey at Law
Jackson Lewis P.C.
400 Capitol Mall
Suite 1600
Sacramento, CA 95814
Direct: (916) 288-3020 | Main: (916) 341-0404
James.Jones@.iacksonlewis.com | www.|acksonlewis.com
From: Arash Khosrowshahi
Sent: Friday, July 29, 2022 11:24 AM
To: Jones, James T. (Sacramento) ; Asano, Kelly H.. (Sacramento)
Cc: Joshua Falakassa ; Kasra Torabi
Subject: Re: Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas
[EXTERNAL SENDER]
Counsel,
Please see this additional meet and confer letter related to the Travelers' subpoena.
https://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&pennmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar4... 2/4
8/5/22, 10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash@libertymanlaw.com
www.libertymanlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
CONFIDENTIAL NOTICE:
This email and any files transmitted with it are confidential and intended solely for the use of the individual or
entity to whom they are addressed. If you have received this email in error please notify the sender. This
message contains confidential information and is intended only for the individual named. If you are not the
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immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If
you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in
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On Thu, Jul 28, 2022 at 5:13 PM Arash Khosrowshahi wrote:
Counsel,
Please review the attached meet and confer letters.
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
https://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar4... 3/4
8/5/22, 10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas
I ash@libertymanlaw.com
! www.libertymanlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
CONFIDENTIAL NOTICE:
This email and any files transmitted with it are confidential and intended solely for the use of the individual
or entity to whom they are addressed. If you have received this email in error please notify the sender. This
message contains confidential information and is intended only for the Individual named. If you are not the
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immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any
action in reliance on the contents of this information is strictly prohibited.
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Preview
1JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue of the Stars Suite # 450 FILED/ENDORS ;D 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 AUG 0 5 2022 4 Email: josh@falakassalaw.com By:. E. Macdnnairi 5 ARASH S. KHOSROWSHAHI (SBN: 293246) Deputy Clerk 6 LIBERTY MAN LAW, P.C. 1010 F Street, Ste. 300 7 Sacramento, Califomia 95814 Tel.: (916) 573-0469; Fax: (866) 700-0787 8 Email: ash@libertymanlaw.com 9 Attomeys for Plaintiff, 10 SAJIDAZAMAN 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 14 SAJIDA ZAMAN, CASE NO.: 34-2019-00252121 15 RESERVATION ID: 2665217 Plaintiff, 16 DECLARATION OF ARASH S. vs. KHOSROWSHAHI IN SUPPORT OF 17 MOTION TO QUASH OR MODIFY THE LIQUI-BOX CORPORATION, and DOES 1 SCOPE OF SUBPOENA TO 18 through 20, inclusive. METHODIST HOSPITAL OF SACRAMENTO AND MONETARY 19 Defendants. SANCTIONS ^ ^ p ^ 20 Date: October 20, 2022 Time: 1:30pm 21 Dept.: 53 22 Trial Date: September 12, 2022 I, ARASH KHOSROWSHAHI, declare as follows: 23 1. I am an attomey licensed to practice law in the State of Califomia. My State Bar Numbei 24 is 293246. 25 2. I represent Plaintiff Sajida Zaman ("Plaintiff") in the above-entitled action. I have 26 knowledge of the facts stated herein and can testify competently thereto. 27 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 1 of 4 1 3. On or about July 21,2022, counsel for Defendant served a subpoena to Methodist Hospital 2 of Sacramento, requesting the entirety of Plaintiffs medical records as follows: 3 "Complete medical records from the first date of treatment to the present, including 4 but not limited to any records/documents that may be stored digitally and/or electronically: 5 TeleHealth Records and any recordings, documents, correspondence, correspondence from 6 the patient or patient's attomey, patient intake forms, copies of health insurance cards and 7 photo ED's, medical reports, doctor's entries, nurse's notes, medication administration 8 records, office notes, progress reports, cardiology reports, radiology reports, x-ray reports, 9 MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips 10 physical therapy records, occupational therapy records, case history, emergency records, 11 outpatient records, diagnosis and prognosis documentation, admit and discharge records, 12 notation(s) on any file folder. All emails between physicians and the patient regarding 13 physical complaints, symptoms, and treatment, including secure messages. And every such 14 record, including those existmg in electronic or magnetic form, in the possession, custody 15 or control of the said witness, and every such record to which the witness may have access 16 The date rage of records needed is Any and all records." 17 (Attached as Exhibit A is a tme and correct copy of the Deposition Subpoena for 18 Production of Business Records & Notice to Consumer or Employee and Objection; see 19 Attachment 3 therein [emphasis added].) 20 4. Upon receipt of the subpoena, I sent a detailed meet and confer letter on or about July 28, 21 2022 arguing in sum that the requested records were overbroad and violated Plaintiffs 22 right to privacy in her medical records. (Attached as Exhibit B is a trae and correct copy 23 of the July 28, 2022 meet and confer letter.) Plaintiff offered to limit the scope of the 24 subpoena to encompass the disabilities related to the instant wrongful termination suit 25 along with her related emotional distress. (See Exhibit B.) 26 5. On July 29, 2022, counsel for Defendant requested that the records encompass Plaintiffs 27 2013 workers compensation injury, given that Plaintiff placed that injury at issue in her 28 opposition to Defendant's Motion for Simimary Judgment. (Attached as Exhibit C are DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 2 of 4 1 emails between counsel from July 29, 2022 to August 1, 2022.) Counsel for Defendant 2 fiirther claimed that Defendant wanted medical records docimienting any other condition 3 that precluded Plaintifffromworking, but that if her workers compensation file for a related 4 subpoena referred to unrelated information, he would agree to limit the scope. (See Exhibit 5 C.) 6 6. That same day, I sent a follow-up email asking whether Defendant's counsel proposal 7 regarding the 2013 injury applied only to the related subpoena, or the medical records 8 subpoena to Methodist Hospital of Sacramento and other medical record subpoenas as well 9 (Id.) Not having heard a response, I sent a follow-up email on August 1, 2022. (Id.) But 10 Defendant did not follow up. 11 7. I am a graduate of the University of Califomia, Berkeley School of Law ("Boalt Hall"), a 12 Top 14 law school. I further graduated with a Bachelor of Science in Mathematics (Honors) 13 and a Bachelor of Arts in Philosophy (Highest Honors) from the University of Califomia, 14 Davis in 2009. I mn a solo practice in Sacramento, Califomia, and have been practicing 15 law since December 2013.1 primarily handle unlimited civil litigation cases in employment 16 law, which include class-action wage-and-hour cases as well as wrongfiil termination 17 cases. I practice throughout the State of Califomia, having litigated cases successfblly in 18 the greater Sacramento Area, the Bay Area, and the greater Los Angeles area. I have also 19 negotiated six-figure/seven-figure settlements for class-action wage-and-hoixr matters as 20 well as six-figure settlements for wrongful termination matters. I was selected as a Super 21 Lawyer Rising Star in Northem Califomia in 2020, 2021, and 2022, a distinction that is 22 reserved for the top 2.5% of lawyers practicing less than 10 years. For these reasons, I 23 believe an hourly rate of $500 is a reasonable hourly rate. 24 8. I spent 1.5 hours researching and drafting this instant Motion and related documents herein, 25 resulting in $750.00 in reasonable attomey's fees. Further, Plaintiff incurs a $60 motion 26 filing fee. I therefore respectfully request sanctions in the amoimt of $810.00 for reasonable 27 costs and attomey's fees. 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 3 of 4 1 I declare under penalty of perjury under the laws of the State of Califomia that the 2 foregoing is tme and correct. 3 Dated: August 5, 2022 4 5 By: Arash S. Khosrowshahi 6 Attomey for Plaintiff Sajida Zaman 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 4 of 4 EXHIBIT A SUBP-025 ^TTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY James Jones, Bar # 167967 Jackson Lewis P.C. -132849 400 Capttal Mall #1600 Sacramento, CA 95814 TELEPHONE NO.:916-341-0404 FAX NO. (OpffonaO:916-340-0141 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant, LIQUI-BOX CORPORATION SUPERIOR COURT OF CAUFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS: 720 Ninth Street C t r l ' AND ZIP CODE: Sacramento, CA 95814 CASE NUMBER: Sajida Zaman VS. Uqu^OX corporation, and DOES 1 through 20, Inclusive 34-2019-00252121-CU-WT-GDS NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc., §§ 1985.3,1985.6) NOTICE TO CONSUMER OR EMPLOYEE To Sajida Zaman and/or attomeys of record: Liberty Man Law, Arash S. Khosrowshahi, 1010 F Street, SuKe 300, Sacramento, CA 95814 and FALAKASSA LAW, P.C. Joshua S. Falakassa, 1901 Avenue of the Stars, SuKe 450, Los Angeles, CA 00067. 1. PLEASE TAKE NOTICE THAT REQUESTING PARTT (name): UQUI-BOX CORPORATION SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 8/12/2022 The records are desnibed in the subpoena directed to witiiess (spedfy name and address of person or entify from whom records are sought): Methodist Hospttal of Sacramento, 7500 Hospttal Drive, Sacramento, California, 95823 2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED IN ITEM a. OR b. BELOW: a. If you are a party to the above-entttled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposKlon officer named in the subpoena at least five days before the date set for production of the records. b. If you are not a party to this actbn, you must serve on the requesting party and on the wHness, before the date set for production of the records, a written otijection that states the spedfic grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Sen/lce on the reverse side Indicating whether you personally served or mailed the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. 3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement isreached,and if you are not othenwiserepresentedby an attomey in this acBon, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. OBJECTION BY NON4>ARTY TO PRODUCTION OF RECOF 1. I |l object to the production of all of my records specified in the subpoena. 2. I }l object only to the production of the fblloviring specified records: 3. Tho opooiflo grounds for my objection oro as f o l l o w s : " Date: (TYPE OR PRINT NAME) (SIGNATURE) (Proof of service on reverse) Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Coda of CIvH Prooedum, Judicial CouncB of CeSSaria §§ 1885.3. isas.e, SUBP-Q2S (RBV. Janusiy 1,2008) 2(l2aoiO-2020.S10 ivww.courSnffi. at-gav OnlerNo.: 440643.003 SUBP-02S CASE NUMBER- Sajida Zaman VS. Liqui-BOX corporation, and DOES 1 through 20, inclusive 34-2019-00252121-CU-WT-GDS PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.. §§ 1985.3.1985.6) I X I Personal Service • Mall I I Federal Express 1. At the time of service I was at least 18 years of age and not a party to this legal action, my business address is 2. I served a copy of the Notice to Consumer or Employee and Objection as follows (c/iecfc e^sr a orb): a. |X Personal service. I personally delivered the Notice to Consumer or Employee and Objection as follows: 1) Name of person served: See attached Service List (3) Date served: 2) Address where served: (4) Time served: Mall I deposited the Notice to Consumer or Employee and Objection in the United States mall, inc., In a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: (3) Date sen/ed: (2) Address where served: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San Dimas, CA 91773. (5) I am aresidentof or employed in the county where the Notice to Consumer or Employee and Objection was mailed. jFed Ex. I deposited the Atotfce to Consumer or Emptoyae and Objection with Federal Express, Inc, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: (3) Date served: (2) Address vt^ere served: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San Dimas, CA 91773. (5) I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and oorrecL Date: (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) PROOF OF S E R V K : E OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc., §§ 198S.3.198S.6) i iPefsonal Servtca j |MaH 1. At the thne of seivlce I was at least 18 yeais of aga and not a party to this legal aetlan. 2.1 solved a oopf the Direction to Production of Records as follows (comply eHher a or b): a. ON THE REQUESTING PARTY (1) 1 iPefsonal service. I personally dellvared Sie Qt^chon to ProdM^oa of Records as follows: (i) Name of person seived: (Si) Date seived: (iQ Address wlieresa-ved: (Iv) Time served: (2) Man. I deposited the Ob/ecBon to PmducHon of Records In the UnBed States msS, In a sealed envelope with _postase.ful^prepaid.-The.ffiivelope.was.addiBssedas-folteMs: , , (i) Name of person seived: (III) Date served: Oi)Address where served: (Iv) Tims served: (v) I em a resident of or employed In the county where the Ot^ecUon to Production of Records was mailed. b.ONTHEWrTOESS _ j1) I jPeisonal servlee. I p^onally d^iveted the (X^jecHon to ProOicUon ol Records as follows: (I) Name or person seivea: (Bl) uats servea: (11) Address where served: (Iv) Time senred: (2) I iMafl. I deposited ttie Objection to Production of Records In the United States mall, In a sealed envelope with postage fully prepaid. The envelope was addressed as fbllows: (() Nama of person senred: (111) Data senred: (ii) Address where saved: (lv)T1n)e served: (V) I am a resident of or employed In the county where the Ob/ectlon to Production ot Records was mailed. 3. My residence or business edAess Is (spedfy): 4. My phone nuint>er Is (specify): I declara under penalty of perjury under the laws of the State of CaHfomia that the foregoing Is true and cortect. Date:. (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON VrttO SERVED) suBP.02S[R». January 1.2008] NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Piige2rds described in item 3. enctosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena dearly written on it The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address In item 1. b. I i by delivering a true, legible, and durable copy of the business records described in item 3 to the deposltton officer at the witness's address, on receipt of payment In cash or by chedc of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). c. I X I by making the original business records described in Hem 3 availat>le for inspection at your business address by the attomey's representative and permitiing copying at your business address under reasonable conditions during normal business hours. 2. 777e records are to be produced by the date and time sttown In Item 1 (but not sooner than 20 days after Ihe issuance of the cfeposrtibn subpoena, or 15 ciays after service, whichever date is latar). Reasonable costs of locating records, making ihem avaUable or copying Oiem. and postage, if any, are recoverable as set forth In Evidence Code section 1563(b). The records shall be accompanied by an aftidavit of tiie custodian or other qualified witness purwant to Evidence Coda section 1561. 3. The records to be produced are described as follows (if electronically stored Information Is demanded, the form or forms In which each type of information is to be produced may be ^jecifled): Record Subject SaJWa Zaman; DOB: 3/19/1965 SSN: xxx-xx-4074 i X i Continued on Attachment 3 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985w6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU. A COURT ORDER OR AGREEMENT OF THE PARTIES. WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. (Tm-E) (Proof of servtee on reverse) Page 1 of 2 form Adopted for Mmdatory Use Cods of C M Procedure. §§2020410-2020/440 Juddal CouncS of C^ilomla DEPOSITION SUBPOENA FOR PRODUCTION Gtwemnenl Code, 568097. SUBP410 (Rev. Januaiy 1.2012| OF BUSINESS RECORDS Order No.: 440643-003 Attachment 3 (Records To Be Produced) Please provide the following records pertaining to: Sajid/2^man DC^: 3/19/1965 SSN: xxx-xx-4074 Complete medical records from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: TeleHealth Records and any recordings, documents, correspondence, con^espondence from the patient or patient's attomey, patient intake fomris, copies of health insurance cards and photo ID's, medical reports, doctor's entries, nurse's notes, medication administration records, office notes, progress reports, cardiology reports, radiology reports, x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, occupational therapy records, case history, emergency records, outpatient records, diagnosis and prognosis documentation, admit and discharge records, notation(s) on any file folder, M\ emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages, and every such record, including those existing in etectronic or magnetic form, in the possession, custody or control of the said witiiess, and every such record to which the wibiess may have access. The date range of records needed is Any and all records. Order No.: 440643-003 SUBP-010 Sajida Zaman CASE NUMBER: V. Liqui-BOX corporation, and DOES 1 through 20, Inclusive 34-2019-00252121 -CU-WT-GDS PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. I sen/ed this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as a. Person served (name): b. Address where served: • n Methodist Hospital of Sacramento 7500 Hospital Drive Sacramento, CA 95823 Date of delivery: Time of delivery: (1) m Witness fess were paid. Amount $ (2) Copying fees were paid. Amount $ f. Fee for service $_ 2.1 received this subpoena for service on {date): 3. Person Serving: a. Not a registered Califomia process server b. California sheriff or marshal c. Registered California process server d. Employee or independent contractor of a registered Califomia process server e. Exempt from registraOon under Business of a Professions Code section 223S0(b). f. Registered professional photocopier. g- Exempt from registration under Business of a Professions Code section 22451. h. Name, address, telephone number, and, if applicable, county of registration and number Onteilus, 170 E. fimw Highway, San Dimas, CA 91773; 800-229-7477 County of IJOS / ^ e l e s Registration Number 2017064325 1 declare under penalty of peijury under the laws of the State of (For California sheriff or marshal use only) Califomia that ttia foregoing is true and correct. I certify that the fore^ng Is true and correct Date: (SIGNATURE) (SION/VrURE) Forni Adi^itBd for Mandatoiy Use Code of CM PiDcsdlve, $§2020.410.3020.440 Judidai Coondl of Calfotnla DEPOSITION SUBPOENA FOR PRODUCTION Government Cods, §68097. SUBP.010 (Rw. January 1,2012] OF BUSINESS RECORDS Order No.: 440643-003 EXHIBIT B LIBERTY MAN LAW, P.C. 1010 F Street, Ste. 300 Sacramento, California 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 Email: ash(a),libertvmanlaw.com www.Ubertvmanlaw.com July 28, 2022 SENT VIA EMAIL CcJACKSON LEWIS P.C. Attn: JAMES T. JONES 400 Capitol Mall, Suite 1600 Sacramento, Califomia 95814 Email: j ames.j ones(a)A ackson 1 ewi s. com Kelly. Asano(a)iacksonlewis.com SENT VIA U.S. MAIL Cc: Methodist Hospital of Sacramento 7500 Hospital Drive Sacramento, CA 95823 Re: Zaman v. Liqui-Box Corporation, et al.. Case No.: 34-2019-00252121 Meet and confer re: medical records subpoena for Plaintiff Sajida Zaman. Coimsel: Our office received your recent subpoena for Plaintiff Sajida Zaman's ("Plaintiff') medical records at Methodist Hospital of Sacramento, wherein Defendant Liqui-Box Corporation ("Defendant") requested the following documents: "Complete medical records from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: TeleHealth Records and any recordings, documents, correspondence, correspondence fi-om the patient or patient's attomey, patient intake forms, copies of health insurance cards and photo ID's, medical reports, doctor's entries, nurse's notes, medication administration records, office notes, progress reports, cardiology reports, radiology repiorts, x-ray reports, MRI reports, CT reports, myelogram reports, lab reports, pathology reports, monitor strips, physical therapy records, occupational therapy records, case history, emergency records, outpatient records, diagnosis and prognosis documentation, admit and discharge records, notation(s) on any file folder. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages. And every such record, including those existing in electronic or magnetic form, in the possession, custody or control of the said witness, and every such record to which the witness may have access. The date rage of records needed is Any and all records." 1 of 3 (emphasis added.) This request for Plaintiffs medical records is clearly overbroad and intended to harass our client by violating her right to medical privacy as to records not related to her instant wrongful termination suit against Defendant. "In evaluating privacy claims, considerations which, among others, will affect the exercise of the trial court's discretion include the purpose of the information sought, the effect that disclosure will have on the parties and on the trial, the nature of the objections urged by the party resisting disclosure, and ability of the court to make an alternative order which may grant partial disclosure, disclosure in another form, or disclosure only in the event that the party seeking the information undertakes certain specified burdens which appear just under the circumstances." (Alch v. Superior Court (2008) 165 Cal.App.4th 1412, 1425-26 [emphasis added][citations omitted].) Plaintiff has a statutory physician-patient privilege to her medical records. (See Evid. Code §§ 990, 1014.) She also has an "inalienable right of privacy" provided by the California Constitution, Article 1 § 1. Here, the language in the subpoena must not include any medical records referring to any medical conditions not claimed in the lawsuit, which in this case are Plaintiffs disabilities and emotional distress. As confirmed in Hale v. Superior Court (1994) 28 Cal.App.4th 1421, 1424, even if part of a medical condition is at issue, it does not follow that the plaintiff waived the privilege as to otherwise-protected aspects of her medical history during her lifetime, or some condition that they may have sufferedfi-omat the time of her termination which is clearly unrelated to the termination. In addition, the court inBritt v. Sup. Ct. (1978) 20 Cal.3d 844, 863-64, explained that, "[P]laintiffs are not 'obligated to sacrifice all privacy to seek redress for a specific [physical], mental or emotional injury'; while they may not withhold information which relates to any physical or mental condition which they have put in issue by bringing this lawsuit, they are entitled to retain the confidentiality of all unrelated medical or psychotherapeutic treatment they may have undergone in the past." The burden is on the party seeking the constitutionally protected information to establish direct relevance. Mere speculation that portions of the medical records might be relevant to some substantive issue is not enough. (See also Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1117, 1120.) Further, while Code of Civil Procedure § 2017.010 allows a party to obtain discovery regarding any matter not privileged so long as the requests are reasonably calculated to lead to the discovery of admissible evidence, the statute does not give counsel therightto engage in improper fishing expeditions. In Greyhound Corp. v. Superior CoMr/(1961) 56 Cal.2d 355, 384-85, the Supreme Court of Califomia stated: "The method of 'fishing' may be, in a particular case, entirely improper (i.e., insufficient identification of the requested information to acquaint the other party with the nature of information desired, attempt to place the burden and cost of supplying information equally available to both solely upon the adversary, placing more burden upon the adversary than the value of the information warrants, etc.)" (emphasis added.) 2 of 3 We understand if the requests are reasonably limited to records regarding Plaintiffs specific disabilities and/or related treatments, as well as records related to her emotional distress. But to broadly request "Any and all records" and "Complete medical recordsfi-omthe first date of treatment to the present" goes beyond what is directly relevant to the case at hand. Indeed, the subpoena language is so broad that it does not limit its request to the knee or hamstring disabilities Plaintiff alleges in her operative complaint, but broadly requests documents related to any disability or medical condition whatsoever, and incidental documents such as what commimications healthcare providers have had with Plaintiff regarding her records outside the scope of this case. In short, the proposed subpoena language is not directly relevant to the case at hand and is overbroad as to scope. Defendant cannot use the subpoena power to unearth and uncover every bit of personal and private detail of Plaintiff s medical history. As such, the scope of the proposed subpoena language must be curtailed to not infiinge on Plaintiffsrightsto privacy. Please let me know by August 4, 2022 whether you will agree to modify the scope of the subpoena to only seek Plaintiffs medical records in relation to her knee/hamstring disabilities involved in this case and related emotional distress—otherwise we will file a motion to quash/modify the scope of the subpoena and seek sanctions. Regards, Arash S. Khosrowshahi, Attomey at Law Cc: Sajida Zaman Joshua Falakassa Kasra Torabi 3 of 3 EXHIBIT C 8/5/22, 10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp; meet and confer re: medical record subpoenas \ j pf^ Q11 Arash Khosrowshahi Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas Arash Khosrowshahi Mon, Aug 1, 2022 at 10:00 AM To: "Jones, James T (Sacramento)" Cc: "Asano, Kelly H.. (Sacramento)" , Joshua Falakassa , Kasra Torabi Hi James, Hope you had a great weekend. I am following up on my email Friday. Are you proposing a limitation in scope as to Plaintiffs disabilities involved in this case and emotional distress, along with the 2013 workers compensation injury, for all of the subpoenas, or just the one issued to Travelers? Please clarify soon as the motion to quash deadline is fast approaching. Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash@libertymanlaw.com www.libertymanlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu E CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e- mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. On Fri, Jul 29, 2022 at 1:15 PM Arash Khosrowshahi wrote: James, Is your proposal re: the 2013 injury only as to the Travelers' subpoena or as to all of the medical record subpoenas? Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash@libertymanlaw.com www.libertymanlaw.com https://mall.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar 1/4 8/5/22,10:40 AM Liberty IVIan Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re; medical record subpoenas I "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu i L CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. On Fri, Jul 29, 2022 at 11:38 AM Jones, James T. (Sacramento) wrote: } Ash, It should also include references in that file related to the 2013 injury that you placed at issue in your opposition to the MSJ and any other condition that precluded her from working. However, if her WC file refers to medical information unrelated to these issues, we can definitely limit it I do not need or want to know her whole medical history. Can we agree on these parameters? James T. Jones o Attomey at Law Jackson Lewis P.C. 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct: (916) 288-3020 | Main: (916) 341-0404 James.Jones@.iacksonlewis.com | www.|acksonlewis.com From: Arash Khosrowshahi Sent: Friday, July 29, 2022 11:24 AM To: Jones, James T. (Sacramento) ; Asano, Kelly H.. (Sacramento) Cc: Joshua Falakassa ; Kasra Torabi Subject: Re: Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas [EXTERNAL SENDER] Counsel, Please see this additional meet and confer letter related to the Travelers' subpoena. https://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&pennmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar4... 2/4 8/5/22, 10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash@libertymanlaw.com www.libertymanlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. On Thu, Jul 28, 2022 at 5:13 PM Arash Khosrowshahi wrote: Counsel, Please review the attached meet and confer letters. Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 https://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar4... 3/4 8/5/22, 10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas I ash@libertymanlaw.com ! www.libertymanlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the Individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. https://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&search=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Air4... 4/4