On October 23, 2017 a
Party Discovery
was filed
involving a dispute between
All Similarly Aggrieved Employees,
Bare, Christen,
Belmonte, Anne,
Donato, Anita Marie,
Filed By: Bare, Christen,
and
Club Demonstration Services Inc,
Warehouse Demo Services Inc,
for (Other Employment Complaint Case)
in the District Court of Sacramento County.
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ORIGINA
1 EVE H. CERVANTEZ (SENT 64709)
CORINNE F. JOHNSON (SBN 287385)
2 ALTSHULER BERZON LLP
177 Post Street, Suite 300
3 San Francisco, CA 94108
Tel. (415)421-7151
4 Fak (415) 362-8064
Email: ecervantez(^altber.com
5 cjohnson(^altber.com
6 Attorneys for Plaintiff \
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SACRAMENTO
II
CASE NO.: 34-2017-00221115
12
NOTICE OF MOTION AND MOTION
13 TO QUASH OR MODIFY DEPOSITION
CHRISTEN BARE, on behalf of herself and all SUBPOENA FOR PRODUCTION OF
14 similarly-aggrieved employees. BUSINESS RECORDS SERVED ON THE
CUSTODIAN OF RECOEa)S FOR
15 Plaintiff, MERCY SAN JUAN MEDICAL CENTER
16 vs. Hearing Date: March 28, 2019
Time: 2:00 p.m.
17 CLUB DEMONSTRATION SERVICES, INC., and Dept.: 53
WAREHOUSE DEMO SERVICES, INC.,
18 Complaint Filed: October 23, 2017
Defendants. Trial Date: Not Set
19
[Filed concurrently with Memorandum of
20 Points and Authorities; Statement of Disputed
Matters; Declaration of Eve Cervantez and
21 Accompanying Exhibits A-D]
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NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA
Case No. 34-2017-00221115
TO EACH PARTY AND TO COUNSEL OF RECORD TO EACH PARTY: You are
• 2 hereby notified that on March 28, 2019 at 2:00 p.m. in Department 53 of the Superior Court of
3 Califomia, County of Sacramento, located at 813 6th Street, Sacramento, CA 95814, Christen Bare
4. will, and hereby does, move for an order quashing or modifying the deposition subpoena for
5 production of business records served on Mercy San Juan Medical Center to produce to Defendants
6 all of Plaintiff s medical records from April 11, 2013 to the present.
7 This motion is made on the grounds that Plaintiffs medical records include
8 communications covered by the physician-patient privilege that were not put at issue by Plaintiff
9 and that the medical records are also protected by the constitutional right to privacy. Plaintiffs
10 complaint seeking penakies under the Private Attomeys General Act ("PAGA") because
U Defendants failed to provide her and other similarly-aggrieved employees with suitable seating
12 does not seek any damages at all, let alonepersonal injury damages, and Plaintiffs medical records
13 are not relevant to or at issue in this case.
14 This motion is based upon this notice of motion, the memorandum in support thereof, the
15 Declaration of Eve H. Cervantez in support thereof and accompanying exhibits, the separate
16 statement of disputed matters, and the records andfiles,of this action.
17
18
Dated: February 28, 2019
19 Eve H. Cervantez
20 EVE H. CERVANTEZ
CORINNE F. JOHNSON
21 Altshuler Berzon LLP
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Attorneys for Plaintiff
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NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA; Case No. 34-2017-
00221115
1EVE H. CERVANTEZ (SBN 164709)
CORINNE F. JOHNSON (SBN 287385)
2 ALTSHULER BERZON LLP
177 Post Street, Suite 300
3 San Francisco, CA 94108
Tel. (415)421-7151
4 Fax (415) 362-8064
Email: ecervantez(§altber.com
5 cjohnson(@altber.com
6 Attorneys for Plaintiff
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SACRAMENTO
11
CASE NO.: 34-2017-00221115
12.
CHRISTEN BARE, on behalf of herself and all [PROPOSED] ORDER GRANTING
13 similarly-aggrieved employees, MOTION TO QUASH OR MODIFY
DEPOSITION SUBPOENA FOR
14 Plaintiff, PRODUCTION OF BUSINESS RECORDS
SERVED ON THE CUSTODIAN OF
15 vs. RECORDS FOR MERCY SAN JUAN
MEDICAL CENTER
16 CLUB DEMONSTRATION SERVICES, INC;, and
WAREHOUSE DEMO SERVICES, INC.,
17
' Defendants.
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[PROPOSED] ORDER GRANTING MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA
Case No. 34-2017-00221115
[PROPOSED] ORDER
2 The motion by Plaintiff Christen Bare for an order quashing the deposition subpoena for
3 business records served by Defendants on the Custodian of Business Records for Mercy San Juan
4 Medical Center came on regularly for hearing on March 28, 2019 at 2:00 p.m. in Department 53 of
5 the Superior Court for the County of Sacramento. All parties were represented by their counsel of
6 record.
7 Having read the papers supporting and opposing the motion, and heard the argument of
8 counsel, and for good cause appearing,
9 IT IS ORDERED that Plaintiffs motion is granted. The subpoena served by Defendants on
10 the Custodian of Business Records for Mercy San Juan Medical Center is quashed.
11
Dated: By: ^
12 Judge of the Superior Court
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[PROPOSED] ORDER GRANTING MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA
Case No. 34-2017-0022 i l l 5
Document Filed Date
March 01, 2019
Case Filing Date
October 23, 2017
Category
(Other Employment Complaint Case)
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ORIGINA 1 EVE H. CERVANTEZ (SENT 64709) CORINNE F. JOHNSON (SBN 287385) 2 ALTSHULER BERZON LLP 177 Post Street, Suite 300 3 San Francisco, CA 94108 Tel. (415)421-7151 4 Fak (415) 362-8064 Email: ecervantez(^altber.com 5 cjohnson(^altber.com 6 Attorneys for Plaintiff \ 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO II CASE NO.: 34-2017-00221115 12 NOTICE OF MOTION AND MOTION 13 TO QUASH OR MODIFY DEPOSITION CHRISTEN BARE, on behalf of herself and all SUBPOENA FOR PRODUCTION OF 14 similarly-aggrieved employees. BUSINESS RECORDS SERVED ON THE CUSTODIAN OF RECOEa)S FOR 15 Plaintiff, MERCY SAN JUAN MEDICAL CENTER 16 vs. Hearing Date: March 28, 2019 Time: 2:00 p.m. 17 CLUB DEMONSTRATION SERVICES, INC., and Dept.: 53 WAREHOUSE DEMO SERVICES, INC., 18 Complaint Filed: October 23, 2017 Defendants. Trial Date: Not Set 19 [Filed concurrently with Memorandum of 20 Points and Authorities; Statement of Disputed Matters; Declaration of Eve Cervantez and 21 Accompanying Exhibits A-D] 22 23 24 25 26 27 28 1 NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA Case No. 34-2017-00221115 TO EACH PARTY AND TO COUNSEL OF RECORD TO EACH PARTY: You are • 2 hereby notified that on March 28, 2019 at 2:00 p.m. in Department 53 of the Superior Court of 3 Califomia, County of Sacramento, located at 813 6th Street, Sacramento, CA 95814, Christen Bare 4. will, and hereby does, move for an order quashing or modifying the deposition subpoena for 5 production of business records served on Mercy San Juan Medical Center to produce to Defendants 6 all of Plaintiff s medical records from April 11, 2013 to the present. 7 This motion is made on the grounds that Plaintiffs medical records include 8 communications covered by the physician-patient privilege that were not put at issue by Plaintiff 9 and that the medical records are also protected by the constitutional right to privacy. Plaintiffs 10 complaint seeking penakies under the Private Attomeys General Act ("PAGA") because U Defendants failed to provide her and other similarly-aggrieved employees with suitable seating 12 does not seek any damages at all, let alonepersonal injury damages, and Plaintiffs medical records 13 are not relevant to or at issue in this case. 14 This motion is based upon this notice of motion, the memorandum in support thereof, the 15 Declaration of Eve H. Cervantez in support thereof and accompanying exhibits, the separate 16 statement of disputed matters, and the records andfiles,of this action. 17 18 Dated: February 28, 2019 19 Eve H. Cervantez 20 EVE H. CERVANTEZ CORINNE F. JOHNSON 21 Altshuler Berzon LLP 22 Attorneys for Plaintiff 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA; Case No. 34-2017- 00221115 1EVE H. CERVANTEZ (SBN 164709) CORINNE F. JOHNSON (SBN 287385) 2 ALTSHULER BERZON LLP 177 Post Street, Suite 300 3 San Francisco, CA 94108 Tel. (415)421-7151 4 Fax (415) 362-8064 Email: ecervantez(§altber.com 5 cjohnson(@altber.com 6 Attorneys for Plaintiff 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO 11 CASE NO.: 34-2017-00221115 12. CHRISTEN BARE, on behalf of herself and all [PROPOSED] ORDER GRANTING 13 similarly-aggrieved employees, MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA FOR 14 Plaintiff, PRODUCTION OF BUSINESS RECORDS SERVED ON THE CUSTODIAN OF 15 vs. RECORDS FOR MERCY SAN JUAN MEDICAL CENTER 16 CLUB DEMONSTRATION SERVICES, INC;, and WAREHOUSE DEMO SERVICES, INC., 17 ' Defendants. 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA Case No. 34-2017-00221115 [PROPOSED] ORDER 2 The motion by Plaintiff Christen Bare for an order quashing the deposition subpoena for 3 business records served by Defendants on the Custodian of Business Records for Mercy San Juan 4 Medical Center came on regularly for hearing on March 28, 2019 at 2:00 p.m. in Department 53 of 5 the Superior Court for the County of Sacramento. All parties were represented by their counsel of 6 record. 7 Having read the papers supporting and opposing the motion, and heard the argument of 8 counsel, and for good cause appearing, 9 IT IS ORDERED that Plaintiffs motion is granted. The subpoena served by Defendants on 10 the Custodian of Business Records for Mercy San Juan Medical Center is quashed. 11 Dated: By: ^ 12 Judge of the Superior Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING MOTION TO QUASH OR MODIFY DEPOSITION SUBPOENA Case No. 34-2017-0022 i l l 5