Preview
1 ROB BONTA
Attorney General of Califomia
2 KRISTIN M . D A I L Y
Supervising Deputy Attomey General
FILED/ENDORSED
3 JAMES F. CURRAN
NOV - 3 2022
Deputy Attomey General
4 State Bar No. 142041
1300 I Street, Suite 125 By:. p. Vue
5 P.O. Box 944255 Deputy Clerk
Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax: (916)324-5567
7 E-mail: James.Curran@doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO-
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DAVID RIDGE, Case No. 34-2019-00265393
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Plaintiff, DEFENDANT CALIFORNIA HIGHWAY
15 PATROL'S E X PARTE APPLICATION
FOR ORDER SHORTENING TIME;
16 DECLARATION OF JAMES F.
CURRAN; PROPOSED ORDER
17 THE CALIFORNIA HIGHWAY PATROL;
and DOES 1-100, inclusive. Date: November 4, 2022
18 Time: 9:00 a.m.
Defendants. Dept: 53
19 Judge: Hon. Richard K. Sueyoshi
Action Filed: September 23, 2019
20 Trial Date: April 3, 2023
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22 Defendant Califomia Highway Patrol, through its counsel, hereby applies ex parte for an
23 order setting the motion, described below and attached hereto, for an earlier hearing date than the
24 date (January 10, 2023) presently assigned by Department 53's calendaring clerk, and for an
25 order shortening time for notice of hearing, on CHP's Second Motion to Compel Signature on
26 Authorization Form and Compliance With Subpoena, for Release of Treatment Records of
27 Marriage and Family Therapist Kay Williams.
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CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393)
1 DECLARATION
2 In support of this application, I can state the following based upon personal knowledge:
3 I . I am a Deputy Attorney General licensed to practice law in all courts ofthe State of
4 Califomia and am counsel of record for Defendant Califomia Highway Patrol (CHP) in this
5 action.
6 2. Attached to this application is a copy of the proposed Notice of Second Motion to
7 Compel Signature on Authorization Form and Cornpliance With Subpoena. In this motion, CHP
8 seeks, for the second time, an order requiring Plaintiff David Ridge to sign a release of his
9 treatment records from Marriage and Family Therapist Kay Williams, from whom Plaintiff
10 received monthly therapy beginning in January 2018. This court has ruled that the subpoena that
11 CHP originally served on Ms. Williams was overly briaad, and denied CHP's first motion to (a)
12 compel Plaintiffs signature on the release, and (b) compel Ms. Williams to comply with the
13 subpoena. The hearing on the first motion took place on September 21, 2022. The court took the
14 matter under submission following that hearing, then issued its final ruling on September 26,
15 2022. ' •
16 3. CHP's counsel needs these records in order to most efficiently depose Plaintiff about the
17 treatment he received from Ms. Williams and the events, including non-work-related events, if
18 any, which caused him to seek that therapy. CHP is filing a motion to compel Plaintiffs further
19 deposition at the same time as it is filing the present motion, and will seek, ex parte, an earlier
20 hearing date on the deposition-related motion than the one (January 10, 2023) presently
21 scheduled. CHP's counsel should be allowed to cite responses to these deposition questions to
22 support CHP's motion for summary judgment, which must be filed no later than December 16,
23 2022 for the reserved hearing date of March 2, 2023, to prepare CHP's expert witnesses and to
24 prepare for trial, scheduled to begin on April 3, 2023.
25 4. CHP, via the present motion, seeks an order requiring Plaintiff David Ridge to sign a
26 more narrowly restricted release than the release CHP proffered in the first motion. CHP has
27 agreed during the meet-and-confer process to limit the subpoena to the time period between
28 January 1, 2018 to the present, even though Plaintiff estimates he first saw Ms. Williams for
2
CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393)
1 treatment in 2010. CHP also seeks an order requiring Ms. Williams to comply with the subpoena
2 for production of her treatment records from the time period (January 1, 2018 to present) stated in
3 the new, more time-restricted, release. As with the first subpoena, Ms. Williams has declined to
4 permit copying of her treatment records of Plaintiff after being served with the second subpoena,
5 citing the psychotherapist-patient privilege.
6 5. Without shortened time, this motion will not be heard until January 10, 2023. Even
7 though CHP first subpoenaed Ms. Williams' records on March 25, 2022, CHP has yet to have the
8 opportunity to depose Plaintiff about Ms. Williams' records. CHP is in the process of retaining a
9 forensic psychiatrist and forensic psychologist to conduct mental examinations of Plaintiff in
10 order to counter Plaintiffs emotional distress claims. CHP needs to obtain and send Ms.
11 Williams' treatment records to these experts.
12 6. Ms. Williams has told me she rarely is in her Placerville office at present, because she is
13 in the process of closing her practice, and she lives in a rural area near Camino, Califomia. Thus
I i , . i , • . '; .
14 I expect some delay in arranging for our attorney service company to meet her at her office to
:, •• •. • ,• ' ,I .
15 copy the records, assuming the court grants this motion.
16 7. This is the second ex parte application for relief that our office has filed in this case.
17 This court rejected our first ex parte application for shortened time on the first motion to compel
18 Plaintiffs signature on a release of Ms. Williams treatment records, as pointed out above. Given
19 the rejection of that ex parte application, CHP's first motion to compel was not heard until
20 September 21, 2022, and a final ruling not received until September 26, 2022. Since that date, I
21 have worked diligently to narrow the scope of the subpoena and obtain Plaintiffs release, but
22 Plaintiff has refused.
23 8. I attempted, on November 2, 2022 at 4:09 p.m., and several tirnes immediately
24 thereafter, to notify Plaintiffs counsel, John Briscoe, of Mayall Hurley PC, via telephone that
25 CHP intends to present to this court on November 4, 2022, at 9:00 a.m., in Department 53, an ex
26 parte application for an order setting an earlier hearing date on the motion to compel signature on
27 the authorization form demanded by Therapist Williams, and for an order shortening time for
28 notice of that motion. The Mayall firm's telephone system was not working properly, and no one
3
CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393)
1 answered the phone. There was no option to leave a voicemail message. Music played
2 continuously when I called his firm's main number ([209] 477-3833). I therefore attempted,
3 several times at approximately 4:20 p.m., to notify Mr. Briscoe of the above by calling his mobile
4 phone number, but the call would not go through and did not roll to voicemail. Therefore, I
5 notified Mr. Briscoe and his secretary via email, sent at 4:28 p.m. on November 2, 2022, of the
6 above information about the ex parte application scheduled for 9:00 a.m. on November 4, 2022
7 conceming this second motion conceming Ms. Williams' records, and about the ex parte
8 application scheduled for 9:15 a.m. on November 4, 2022 concerning CHP's motion to compel
9 plaintiffs further deposition. Mr. Briscoe emailed me at 4:33 pm on November 2, 2022 and
10 stated Plaintiff will oppose both of these ex parte applications.
11 7. I called, and left a voicemail message for, Kay Williams, MFT, at 1:10 p.m., on
12 Wednesday, November 2, 2022, in which message I gave her notice of the date, time and
13 department of the hearing on this ex parte application and explained the purpose of the
14 application and the nature of the motion on which CHP seeks shortened time. 1 also sent an email
15 message to Ms. Williams on November 2, 2022, at 1:32 p.m., providing her with notice of the ex
16 parte application hearing and explaining the purpose of the application and the nature of the
17 motion on which CHP seeks shortened time. She has not notified me whether she intends to
18 appear or to oppose the application.
19 8. There are no other parties to this action besides Plaintiff Ridge and Defendant CHP, so,
20 notice of this ex parte application was not given to any other entity or lawyer besides Plaintiffs
21 counsel and Ms. Williams.
22 I declare under penalty of perjury under the laws of the State of Califomia that the
23 foregoing is true and correct. Executed at Sacramento, California on November 3, 2022.
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SA2019106238
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4
CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393)
DECLARATION OF SERVICE BY E-MAIL and U.S. Mail
Case Name: David Ridge v. CHP
No.: 34-2019-00265393
Ideclare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. 1 am 18 years of age or
older and not a party to this matter. 1 am familiar with the business practice at the Office of the
Attomey General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that sarne day in the ordinary course of
business.
On November 3. 2022. I served the attached DEFENDANT CALIFORNIA HIGHWAY
PATROL'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME;
DECLARATION OF JAMES F. CURRAN; PROPOSED ORDER by transmitting a true
copy via electronic mail. In addition, 1 placed a true copy thereof enclosed in a sealed envelope,
in the internal mail system of the Office ofthe Attorney General, addressed as follows:
John P. Briscoe Kay Williams, MA, MFT
Mayall Hurley P.C. E-mail Address:
E-mail Address: pvheron@gmail.com
\ briscoe(a),mavallaw.com
lriley(g),mavallaw.com
1 declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on November
3, 2022, at Sacramento, California.
Christopher R. Irby S/ Christopher R. Irby
Declarant . Signature
SA2019106238
3669126 l.doc.\
1 ROB BONTA
Attorney General of Califomia
2 KRISTIN M . D A I L Y
Supervising Deputy Attomey General
3 JAMES F. CURRAN
Deputy Attomey General
4 State Bar No. 142041
1300 1 Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax: (916) 324-5567
7 E-mail: James.Curran(^doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO.
11
12
13
DAVID RIDGE, Case No. 34-2019-00265393
14
Plaintiff, [PROPOSED] ORDER GRANTING
15 DEFENDANT CHP'S E X PARTE
APPLICATION FOR SHORTENED
16 TIME AND NOTICE OF SECOND
MOTION TO COMPEL SIGNATURE ON
17 T H E CALIFORNIA HIGHWAY PATROL; AUTHORIZATION FORM AND
and DOES 1-100, inclusive. COMPLIANCE WITH SUBPOENA
18
Defendants. Date: November 4, 2022
19 Time: 9:00 a.m.
Dept: 53
20 Trial Date: April 3, 3023
Action Filed: September 23, 2019
21
22 On November 4, 2022, at 9:00 a.m.. Defendant California Highway Patrol's Ex Parte
23 Application for Order Shortened Time and Notice of Second Motion to Corhpel Signature on
24 Authorization Form and Compliance With Subpoena ("Application"), came on for hearing in
25 Department 53 of this court. Defendant sought, in the Application, an order setting a hearing date
26 earlier than the conventionally assigned hearing date (January 10, 2023; Reservation No. .
27 2684508) for its Second Motion to Compel Signature on Authorization Form for Records of Kay
28 Williams and Compliance With Subpoena. In that motion. Defendant moves for an order
r
[Proposed} Order Granting Ex Parte Application for Shortened Time (34-2019-00265393)
1 compelling Plaintiff David Ridge to sign an authorization form for release of treatment records on
2 Plaintiff by Kay Williams, MFT, a marriage and family therapist from whom Plaintiff received
3 treatment for emotional distress Plaintiff claims in tliis action. Alternatively, Defendant seeks in
4 this motion an order compelling Ms. Williams to comply with the subpoena that Defendant
5 served on Ms. Williams for production of her treatment records on Plaintiff.
6 Deputy Attorney General James Curran represented Defendant California Highway Patrol
7 (CHP) at the hearing on CHP's ex parte application. [Attorney John Briscoe, of Mayall Hurley in
8 Stockton, California, represented Plaintiff David R.idge.] After reviewing the ex parte application
9 and supporting declaration, [Plaintiffs opposition thereto and supporting declaration], and
10 hearing the arguments of counsel, IT IS HEREBY ORDERED THAT:
11 1. Defendant CHP's Second Motion to Compel Signature on Authorization Form and
12 Compliance With Subpoena ("Motion"), shall be heard at 1:30 in Department 53 of this court on
13 November 4, 2022;
14 2. Plaintiff Ridge's opposition to the Motion shall be filed and electronically served no
15 later than November , 2022;
16 3. Defendant's reply shall be filed and electronically served no later than November
17 2022.
18
19 Dated: November ,2022
Hon. Richard K. Sueyoshi
Judge of the Superior Court
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SA2019106238
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[Proposed} Order Granting Ex Parte Application for Shortened Time (34-2019-00265393)
DECLARATION OF SERVICE BY E-MAIL and U.S. Mail
Case Name: David Ridge v. CHP
No.: 34-2019-00265393
I declare:
1 am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. 1 am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attomey General for collection and processing of coirespondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On November 3. 2022,1 served the attached [PROPOSED] ORDER GRANTING
DEFENDANT CHP'S EX PARTE APPLICATION FOR SHORTENED TIME AND
NOTICE OF SECOND MOTION TO COMPEL SIGNATURE ON AUTHORIZATION
FORM AND COMPLIANCE WITH SUBPOENA by transmitting a true copy via electronic
mail. In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail
systern ofthe Office of the Attorney General, addressed as follows:
John P. Briscoe Kay Williams, MA, MFT
Mayall Hurley P.C. E-mail Address:
E-mail Address: pvheron(g),Rmail.com
i bri scoe(a)maval law, com
lrilev(S)mavallaw.com
1 declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on November
3, 2022, at Sacramento, California.
Christopher R. Irby • S/ Christopher R. Irby
Declarant Signature
SA20I9I06238
3669126 l.docx
Preview
1 ROB BONTA Attorney General of Califomia 2 KRISTIN M . D A I L Y Supervising Deputy Attomey General FILED/ENDORSED 3 JAMES F. CURRAN NOV - 3 2022 Deputy Attomey General 4 State Bar No. 142041 1300 I Street, Suite 125 By:. p. Vue 5 P.O. Box 944255 Deputy Clerk Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax: (916)324-5567 7 E-mail: James.Curran@doj.ca.gov Attorneys for Defendant 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO- 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff, DEFENDANT CALIFORNIA HIGHWAY 15 PATROL'S E X PARTE APPLICATION FOR ORDER SHORTENING TIME; 16 DECLARATION OF JAMES F. CURRAN; PROPOSED ORDER 17 THE CALIFORNIA HIGHWAY PATROL; and DOES 1-100, inclusive. Date: November 4, 2022 18 Time: 9:00 a.m. Defendants. Dept: 53 19 Judge: Hon. Richard K. Sueyoshi Action Filed: September 23, 2019 20 Trial Date: April 3, 2023 21 22 Defendant Califomia Highway Patrol, through its counsel, hereby applies ex parte for an 23 order setting the motion, described below and attached hereto, for an earlier hearing date than the 24 date (January 10, 2023) presently assigned by Department 53's calendaring clerk, and for an 25 order shortening time for notice of hearing, on CHP's Second Motion to Compel Signature on 26 Authorization Form and Compliance With Subpoena, for Release of Treatment Records of 27 Marriage and Family Therapist Kay Williams. 28 I CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393) 1 DECLARATION 2 In support of this application, I can state the following based upon personal knowledge: 3 I . I am a Deputy Attorney General licensed to practice law in all courts ofthe State of 4 Califomia and am counsel of record for Defendant Califomia Highway Patrol (CHP) in this 5 action. 6 2. Attached to this application is a copy of the proposed Notice of Second Motion to 7 Compel Signature on Authorization Form and Cornpliance With Subpoena. In this motion, CHP 8 seeks, for the second time, an order requiring Plaintiff David Ridge to sign a release of his 9 treatment records from Marriage and Family Therapist Kay Williams, from whom Plaintiff 10 received monthly therapy beginning in January 2018. This court has ruled that the subpoena that 11 CHP originally served on Ms. Williams was overly briaad, and denied CHP's first motion to (a) 12 compel Plaintiffs signature on the release, and (b) compel Ms. Williams to comply with the 13 subpoena. The hearing on the first motion took place on September 21, 2022. The court took the 14 matter under submission following that hearing, then issued its final ruling on September 26, 15 2022. ' • 16 3. CHP's counsel needs these records in order to most efficiently depose Plaintiff about the 17 treatment he received from Ms. Williams and the events, including non-work-related events, if 18 any, which caused him to seek that therapy. CHP is filing a motion to compel Plaintiffs further 19 deposition at the same time as it is filing the present motion, and will seek, ex parte, an earlier 20 hearing date on the deposition-related motion than the one (January 10, 2023) presently 21 scheduled. CHP's counsel should be allowed to cite responses to these deposition questions to 22 support CHP's motion for summary judgment, which must be filed no later than December 16, 23 2022 for the reserved hearing date of March 2, 2023, to prepare CHP's expert witnesses and to 24 prepare for trial, scheduled to begin on April 3, 2023. 25 4. CHP, via the present motion, seeks an order requiring Plaintiff David Ridge to sign a 26 more narrowly restricted release than the release CHP proffered in the first motion. CHP has 27 agreed during the meet-and-confer process to limit the subpoena to the time period between 28 January 1, 2018 to the present, even though Plaintiff estimates he first saw Ms. Williams for 2 CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393) 1 treatment in 2010. CHP also seeks an order requiring Ms. Williams to comply with the subpoena 2 for production of her treatment records from the time period (January 1, 2018 to present) stated in 3 the new, more time-restricted, release. As with the first subpoena, Ms. Williams has declined to 4 permit copying of her treatment records of Plaintiff after being served with the second subpoena, 5 citing the psychotherapist-patient privilege. 6 5. Without shortened time, this motion will not be heard until January 10, 2023. Even 7 though CHP first subpoenaed Ms. Williams' records on March 25, 2022, CHP has yet to have the 8 opportunity to depose Plaintiff about Ms. Williams' records. CHP is in the process of retaining a 9 forensic psychiatrist and forensic psychologist to conduct mental examinations of Plaintiff in 10 order to counter Plaintiffs emotional distress claims. CHP needs to obtain and send Ms. 11 Williams' treatment records to these experts. 12 6. Ms. Williams has told me she rarely is in her Placerville office at present, because she is 13 in the process of closing her practice, and she lives in a rural area near Camino, Califomia. Thus I i , . i , • . '; . 14 I expect some delay in arranging for our attorney service company to meet her at her office to :, •• •. • ,• ' ,I . 15 copy the records, assuming the court grants this motion. 16 7. This is the second ex parte application for relief that our office has filed in this case. 17 This court rejected our first ex parte application for shortened time on the first motion to compel 18 Plaintiffs signature on a release of Ms. Williams treatment records, as pointed out above. Given 19 the rejection of that ex parte application, CHP's first motion to compel was not heard until 20 September 21, 2022, and a final ruling not received until September 26, 2022. Since that date, I 21 have worked diligently to narrow the scope of the subpoena and obtain Plaintiffs release, but 22 Plaintiff has refused. 23 8. I attempted, on November 2, 2022 at 4:09 p.m., and several tirnes immediately 24 thereafter, to notify Plaintiffs counsel, John Briscoe, of Mayall Hurley PC, via telephone that 25 CHP intends to present to this court on November 4, 2022, at 9:00 a.m., in Department 53, an ex 26 parte application for an order setting an earlier hearing date on the motion to compel signature on 27 the authorization form demanded by Therapist Williams, and for an order shortening time for 28 notice of that motion. The Mayall firm's telephone system was not working properly, and no one 3 CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393) 1 answered the phone. There was no option to leave a voicemail message. Music played 2 continuously when I called his firm's main number ([209] 477-3833). I therefore attempted, 3 several times at approximately 4:20 p.m., to notify Mr. Briscoe of the above by calling his mobile 4 phone number, but the call would not go through and did not roll to voicemail. Therefore, I 5 notified Mr. Briscoe and his secretary via email, sent at 4:28 p.m. on November 2, 2022, of the 6 above information about the ex parte application scheduled for 9:00 a.m. on November 4, 2022 7 conceming this second motion conceming Ms. Williams' records, and about the ex parte 8 application scheduled for 9:15 a.m. on November 4, 2022 concerning CHP's motion to compel 9 plaintiffs further deposition. Mr. Briscoe emailed me at 4:33 pm on November 2, 2022 and 10 stated Plaintiff will oppose both of these ex parte applications. 11 7. I called, and left a voicemail message for, Kay Williams, MFT, at 1:10 p.m., on 12 Wednesday, November 2, 2022, in which message I gave her notice of the date, time and 13 department of the hearing on this ex parte application and explained the purpose of the 14 application and the nature of the motion on which CHP seeks shortened time. 1 also sent an email 15 message to Ms. Williams on November 2, 2022, at 1:32 p.m., providing her with notice of the ex 16 parte application hearing and explaining the purpose of the application and the nature of the 17 motion on which CHP seeks shortened time. She has not notified me whether she intends to 18 appear or to oppose the application. 19 8. There are no other parties to this action besides Plaintiff Ridge and Defendant CHP, so, 20 notice of this ex parte application was not given to any other entity or lawyer besides Plaintiffs 21 counsel and Ms. Williams. 22 I declare under penalty of perjury under the laws of the State of Califomia that the 23 foregoing is true and correct. Executed at Sacramento, California on November 3, 2022. 24 25 26 27 SA2019106238 28 4 CHP's Ex Parte Application & Declaration re Motion to Compel Authorization Form (34-2019-00265393) DECLARATION OF SERVICE BY E-MAIL and U.S. Mail Case Name: David Ridge v. CHP No.: 34-2019-00265393 Ideclare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. 1 am 18 years of age or older and not a party to this matter. 1 am familiar with the business practice at the Office of the Attomey General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that sarne day in the ordinary course of business. On November 3. 2022. I served the attached DEFENDANT CALIFORNIA HIGHWAY PATROL'S EX PARTE APPLICATION FOR ORDER SHORTENING TIME; DECLARATION OF JAMES F. CURRAN; PROPOSED ORDER by transmitting a true copy via electronic mail. In addition, 1 placed a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Office ofthe Attorney General, addressed as follows: John P. Briscoe Kay Williams, MA, MFT Mayall Hurley P.C. E-mail Address: E-mail Address: pvheron@gmail.com \ briscoe(a),mavallaw.com lriley(g),mavallaw.com 1 declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on November 3, 2022, at Sacramento, California. Christopher R. Irby S/ Christopher R. Irby Declarant . Signature SA2019106238 3669126 l.doc.\ 1 ROB BONTA Attorney General of Califomia 2 KRISTIN M . D A I L Y Supervising Deputy Attomey General 3 JAMES F. CURRAN Deputy Attomey General 4 State Bar No. 142041 1300 1 Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax: (916) 324-5567 7 E-mail: James.Curran(^doj.ca.gov Attorneys for Defendant 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO. 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff, [PROPOSED] ORDER GRANTING 15 DEFENDANT CHP'S E X PARTE APPLICATION FOR SHORTENED 16 TIME AND NOTICE OF SECOND MOTION TO COMPEL SIGNATURE ON 17 T H E CALIFORNIA HIGHWAY PATROL; AUTHORIZATION FORM AND and DOES 1-100, inclusive. COMPLIANCE WITH SUBPOENA 18 Defendants. Date: November 4, 2022 19 Time: 9:00 a.m. Dept: 53 20 Trial Date: April 3, 3023 Action Filed: September 23, 2019 21 22 On November 4, 2022, at 9:00 a.m.. Defendant California Highway Patrol's Ex Parte 23 Application for Order Shortened Time and Notice of Second Motion to Corhpel Signature on 24 Authorization Form and Compliance With Subpoena ("Application"), came on for hearing in 25 Department 53 of this court. Defendant sought, in the Application, an order setting a hearing date 26 earlier than the conventionally assigned hearing date (January 10, 2023; Reservation No. . 27 2684508) for its Second Motion to Compel Signature on Authorization Form for Records of Kay 28 Williams and Compliance With Subpoena. In that motion. Defendant moves for an order r [Proposed} Order Granting Ex Parte Application for Shortened Time (34-2019-00265393) 1 compelling Plaintiff David Ridge to sign an authorization form for release of treatment records on 2 Plaintiff by Kay Williams, MFT, a marriage and family therapist from whom Plaintiff received 3 treatment for emotional distress Plaintiff claims in tliis action. Alternatively, Defendant seeks in 4 this motion an order compelling Ms. Williams to comply with the subpoena that Defendant 5 served on Ms. Williams for production of her treatment records on Plaintiff. 6 Deputy Attorney General James Curran represented Defendant California Highway Patrol 7 (CHP) at the hearing on CHP's ex parte application. [Attorney John Briscoe, of Mayall Hurley in 8 Stockton, California, represented Plaintiff David R.idge.] After reviewing the ex parte application 9 and supporting declaration, [Plaintiffs opposition thereto and supporting declaration], and 10 hearing the arguments of counsel, IT IS HEREBY ORDERED THAT: 11 1. Defendant CHP's Second Motion to Compel Signature on Authorization Form and 12 Compliance With Subpoena ("Motion"), shall be heard at 1:30 in Department 53 of this court on 13 November 4, 2022; 14 2. Plaintiff Ridge's opposition to the Motion shall be filed and electronically served no 15 later than November , 2022; 16 3. Defendant's reply shall be filed and electronically served no later than November 17 2022. 18 19 Dated: November ,2022 Hon. Richard K. Sueyoshi Judge of the Superior Court 21 22 SA2019106238 23 24 25 26 27 28 „ [Proposed} Order Granting Ex Parte Application for Shortened Time (34-2019-00265393) DECLARATION OF SERVICE BY E-MAIL and U.S. Mail Case Name: David Ridge v. CHP No.: 34-2019-00265393 I declare: 1 am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. 1 am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attomey General for collection and processing of coirespondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On November 3. 2022,1 served the attached [PROPOSED] ORDER GRANTING DEFENDANT CHP'S EX PARTE APPLICATION FOR SHORTENED TIME AND NOTICE OF SECOND MOTION TO COMPEL SIGNATURE ON AUTHORIZATION FORM AND COMPLIANCE WITH SUBPOENA by transmitting a true copy via electronic mail. In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail systern ofthe Office of the Attorney General, addressed as follows: John P. Briscoe Kay Williams, MA, MFT Mayall Hurley P.C. E-mail Address: E-mail Address: pvheron(g),Rmail.com i bri scoe(a)maval law, com lrilev(S)mavallaw.com 1 declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on November 3, 2022, at Sacramento, California. Christopher R. Irby • S/ Christopher R. Irby Declarant Signature SA20I9I06238 3669126 l.docx