Preview
FlLED/ENDORSED
1 JOSHUA S. FALAKASSA (SBN: 295045) AUG 0 5 2022
FALAKASSA LAW, P.C.
2 1901 Avenue of the Stars Suite # 450
B»:. E. Macdonald
3 Los Angeles, Califomia 90067 Deputy Clerk
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh@falakassalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
6 LIBERTY MAN LAW, P.C.
lOlOFStt-eet, 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: 2665224
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. TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA AND
19 Defendants. MONETARY SANCTIONS
20 Date: October 20, 2022 BYFAK
Time: 1:30pm |
21 Dept.: 53
22 Trial Date: September 12, 2022
23 I, ARASH KHOSROWSHAHI, declare as follows:
24 1. I am an attomey licensed to practice law in the State of Califomia. My State Bar Number
25 is 293246.
26 2. I represent Plaintiff Sajida Zaman ("Plaintiff) in the above-entitled action. I have
27 knowledge of the facts stated herein and can testify competently thereto.
28
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
1 of 3
1 3. On or about July 21, 2022, counsel for Defendant served a subpoena to Travelers Property
2 Casualty Company of America ("Travelers"), requesting Plaintiffs medical records in
3 relation to her workers compensation file as follows:
4 "All records, notes, logs, medical records, and all documentation from Workers
5 Compensation Appeals Board for claim FKQ0487 and every such record, including those
6 existing in electronic or magnetic form, in the possession, custody or conttol of the said
7 witness, and every such record to which the witness may have access.
8 The date rage of records needed is Any and all records."
9 (Attached as Exhibit A is a tme and correct copy of the Deposition Subpoena for
10 Production of Business Records & Notice to Consumer or Employee and Objection; see
11 Attachment 3 therein [emphasis added].)
12 4. Upon receipt of the subpoena, I sent a detailed meet and confer letter on or about July 29,
13 2022 arguing in sum that the requested records were overbroad and violated Plaintiffs
14 right to privacy in her medical records. (Attached as Exhibit B is a tme and correct copy
15 of the July 29, 2022 meet and confer letter.) Plaintiff offered to limit the scope of the
16 subpoena to encompass the disabilities related to the instant wrongful termination suit,
17 along with her related emotional distress. (See Exhibit B.) |
18 5. On July 29, 2022, counsel for Defendant requested that the records encompass Plaintiffs
19 2013 workers compensation injury, given that Plaintiff placed that injury at issue in her
20 opposition to Defendant's Motion for Summary Judgment. (Attached as Exhibit C are
21 emails between counsel from July 29, 2022 to August 1, 2022.) Counsel for Defendant
22 further claimed that Defendant wanted medical records documenting any other condition
23 that precluded Plaintifffromworking, but that if her workers compensation file for a related
24 subpoena referred to unrelated information, he would agree to limit the scope. (See Exhibil
25 , C.)
26 6. That same day, I sent a follow-up email asking whether Defendant's counsel proposal
27 regarding the 2013 injury applied only to the Travelers subpoena, or other medical record
28
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
J2of3
1 subpoenas served upon Plaintiff as well. (Id.) Not having heard a response, I sent a follow-
I
2
up email on August 1, 2022. (Id.) But Defendant did not follow up.
3
7. I am a graduate of the University of Califomia, Berkeley School of Law ("Boalt Hall"), a
4
Top 14 law school. I further graduated with a Bachelor of Science in Mathematics (Honors)
5
and a Bachelor of Arts in Philosophy (Highest Honors) from the University of Califomia,
6
Davis in 2009. 1 mn a solo practice in Sacramento, California, and have been practicing
7
law since December 2013.1 primarily handle unlimited civil litigation cases in employment
8
law, which include class-action wage-and-hour cases as well as wrongful termination
9
cases. 1 practice throughout the State of Califomia, having litigated cases successfully in
10
the greater Sacramento Area, the Bay Area, and the greater Los Angeles area. I have also
11
negotiated six-figure/seven-figure settlements for class-action wage-and-hour matters as
12
well as six-figure settlements for wrongfiil termination matters. 1 was selected as a Super
13
Lawyer Rising Star in Northem Califomia in 2020, 2021, and 2022, a distinction that is
14
reserved for the top 2.5% of lawyers practicing less than 10 years. For these reasons, I
15
believe an hourly rate of $500 is a reasonable hourly rate.
16
8. I spent 1.5 hours researching and drafting this instant Motion and related documents herein
17
resulting in $750.00 in reasonable attorney's fees. Further, Plaintiff incurs a $60 motion
18
filing fee. I therefore respectfully request sanctions in the amount of $810.00 for reasonable
19
costs and attomey's fees.
20
I declare under penalty of perjury under the laws of the State of Califomia that the
21
foregoing is tme and correct.
22
Dated: August 5, 2022
23
24 By:
Arash S. Khosrowshahi
25 Attomey for Plaintiff Sajida Zaman
26
27
28
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
3 of 3
EXHIBIT A
SUBP.02S
MTORNEY OR PARTY WTTHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
James Jones, Bar# 167967
Jackson Lewis P.C. -132849
WO Capital Mall #1600
Sacramento, CA 95814
FELEPHONE NO.:916-341-0404 FAX NO. (OptfonaO:916-34(W)141
E-MAIL ADDRESS (Optkmal):
\TTORNEY FOR (Name): Defendant, LIQUHBOX CORPORATION
SUPERIOR COURT OF CALIFORNIA. COUNTY OF SACRAMENTO
STREET ADDRESS: 720 Ninth Street
CITY AND ZIP CODE: Sacramento, CA 95814
CASE NUMBER:
Sajida Zaman VS. Llqul^OX corporation, and DOES 1 ttirough 20, Inclusive
34-2019-00252121-CU-WT-GDS
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc. §§ 1985.3.1985.8)
NOTICE TO CONSUMER OR EMPLOYEE
To Sajida Zaman and/or attomeys of record: Liberty Man Law. Arash S. Khosrowshahi, 1010 F Street, Suite 300, Sacramento,
CA 95814 and FALAKASSA LAW, P.C, Joshua S. Falakassa, 1801 Avenue of the Stars. SuKe 450, Los Angeles, CA 90067.
1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name)'. LIQUI-BOX CORPORATION SEEKS YOUR RECORDS FOR
EXAMINATION by the parties to this action on (spedfy date): 8/12/2022
The records are described in the subpoena directed to witness (spedfy name and address of person or entity from whom records
are sought): Travelers Property Casualty Company of America, do CSC Lawyers Incorporating Service
2710 Gateway Oaks Drive. Suite 150N, Sacramento, Califomia, 95833
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 al)ove-entltled actton, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash
or modiiy the subpoena and give notice of that motion to the witness and the deposition 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 action, you must serve on the requesting party and on the witness, before the date set for production
of the records, a written objectton that states the specific grounds on which production of such records should be prohibited. You
may use theformbelow to object and state the grounds for your objection. You must complete the Proof of Service 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 detemilne 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 otherwiserepresentedby an attomey
in this apBon, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.
James Jones
(TYPE OR PRINT NAME)
OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS
1. i [1 object to the productkm of all of my records specified in the subpoena.
2. I |l otjjectoniyto the production of the following specified records:
3. The specific grounds for my objection are as follows:
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
(Proof ot service on reverse)
Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Coda of CMI PiocBdurs,
Judicial Council of Caftbmla S 1985.3.1985.6,
SUBP.a2S [nm. January 1, ZDaS| 2020.010-2020.510
mnr.eouiSitfaxa.gB*
Older No.: 440643-OOS
SUBP-025
CASE NUMBER:
Sajida 2^man 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 ^ i s legal action, my business address is
2. i served a copy of the Notice to Consumer or Employee and Objectmn as follows (chedi either a or b):
a. \X jPersonal service, i personally delivered the t^tlce to Consumer or Employee and Objection as follows:
(1) Name of person served: See attached Service Ust (3) Date served:
) Address where served: (4) Time served:
i^"Mail I deposited the Notice to Consumer or Emptoyee and Objection in the United States mall. Inc., in a sealed envelope
I |Mi
with postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served: (3) Date sen/ed:
(2) Address where sen/ed: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San
Dimas,CA 91773.
i
5) I am a resident of or employed In the county where the Notice to Consumer or Emptoyee and Ot^ection was mailed.
Fed Ex. I deposited the Notice to Consumer or Employee 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 where served: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San
Dlmas,CA 91773.
(5) I am aresidentof or employed In the county where the Notice to Consumer or Emptoyee and Objeclton was mailed.
I declare under penalty of peijury under the laws of the State of Califomia that the foregoing is true and correct.
Date:
(TYPE OR PRIl^T NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED)
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc. §§ 1985.3,1985.6)
I iPersonal Service | iMan
1. At the time of service I was at leael IB years of age and not a party to Oils legal action.
2. (served a copy of the Ol^scHan (oProductftvr of Recortte as follows (comply ^thera orb):
a. ON THE REQUESTING PARTY
(1) I jPeiBonal service. I personally deliveiBd the Otjectlon to Production of Records as follows:
P) Name of person served: (Bl) Date served:
(D) Address wtiereseived: (Iv) Time served:
(2) 1 iMaB. I deposited the OtVedfon to Production of Records In the United States mall, In a sealed envdope with
postage fiilly prepaid. The envelope was addressed as ftflows:
(I) Name of person served: (III) Date served:
(II) Address where served: (Iv) Time served:
(v) I am a resident of or employed In the county where the Objection to Production ofRaconk was mailed.
b. ONTHEVWTNESS
(1) i IPereenal seivleaJ^g«sonsdly dtilvered the O^jeclhntoProduceon of Rscivds as tbUowB:
(I) Name ot person served: ' " (III) uate servea:
(II) Address where s«ved: (hr) Time served:
(2) i IMalL I deposited the Objection to Production ofPocorda In ttie United States mall, In a sealed envelope with
postage Ailly prepaid. The envelope was addressed es follows:
0) Name of persrai served: (III) Date served:
(II) Address where served: (iv) Time served:
(v) I am a resident of or employed In the courrty where Vhe CXdecSon to Production of Records was mailed.
3. My residence or Ixklness address Is (apedfyy.
4. My phone number is (spedlj^:
I declare under penalty of perjury under t>» laws of the State ol CaHfbmla that the foregoing Is true arrd correct.
Date:.
(TYPE OR PRir^r NAME OF PERSON W/HO SERVED) (SIGNATURE OF PERSON WHO SERVED)
8UBp.a2s (Rev. jami»y 1,2008) N O T I C E T O C O N S U M E R O R E M P L O Y E E AND O B J E C T I O N Pago 2 of 2
Older No.: 440643-005
Sajida Zaman
vs.
Liqui-BOX corporation, and DOES 1 tlirough 20, inclusive
Case No.: 34-2019-00252121-CU-WT-GDS
SERVICE LIST
Arash S. Khosrowshahi
Liberty Man Law
1010 F Street, Suite 300
Sacramento. CA 95814
Attomey for Plaintiff. Sajida Zaman
Joshua S. Falakassa
FALAKASSA LAW. P.C.
1901 Avenue of the Stars, Suite 450
Los Angeles, CA 90067
Attomey for Plaintiff, Sajida Zaman
Order No.: 440643
SUBP-010
ATTORNEY OR PARTY WTTHOUT ATTOIRNEY (Wame, Stefe Bar number, and address): FOR COURT USE ONLY
James Jones; State Bar No. 167967
Jaci(Son Lewis P.C. -132849
400 Capital Mall #1600
Sacramento, Califomia 95814
TELEPHONE NO.: 916-341-0404 FAX NO. (Opft>naO:916-340-0141
E-MAIL ADDRESS (Opttonal):
ATTORNEY FOR (Name): Defendant LIQUI-BOX CORPORATION
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS: 720 Ninth Street
Crrt AND ZIP CODE: Sacramento, CA 95814
CASE NUMBER:
Sajida Zaman VS. LIqui-BOX corporation, and DOES 1 through 20, inclusive
34-201W)0252121-CU-WT-GDS
DEPOSmON SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, If known):
Travelers Property Casualty Company of America, do CSC Lawyers Incorporating Service
2710 Gateway Oaks Drive, SuKe 150N. Sacramento, CA 95833
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS descritied In Item 3. as follows:
To (name of deposltton officer): Onteilus, Phone No. 877-807-5162
On (date): 8/12/2022 At (t/me): 10:00 a.m.
Location (address): 170 E. Arrow Highway. San Dimes, CA 91773
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. I I by delivering a true, legible, and durable copy of the tiusiness records described in item 3, enclosed In a sealed Inner
wrapper with the tide and number of the action, name of witness, and date of subpoena clearly written on it. The Inner
wrapper shall ttien be enclosed in an outer envelops 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 reoonls described in item 3 to the deposition officer at the
witness's address, on receipt of payment In cash or by chedc of the reasonable costs of preparing the copy, as detennined
under Evidence Code section 1563(b).
c. I X 1 by maldng the original business records described In Item 3 available for Inspection at your business address by the
attomey's representative and permitting copying at your business address under reasonable conditions during normal
business hours.
2. 77i8 records are to be produced by the date and time shown In Hem 1 (but not sooner than 20 days after the issuance of the
depos/fton su/ipoena, or ^ 5 days after service, whichever date is later). Reasonable costs aftocaOng records, making them available
or copying them, and postage. If any, are recovemble as set forth In Evidence Code section 1563(b). Ttie records shall be
accompanied by an affidavit of the custodian or other quallffed witness pursuant to Evidence Code section 1561.
3. The records to be produced are described as follows (if electrontoally stored information is demanded,tiiefonnor forms in
which each type ofinformatton is to be produced may be specified):
Record Siibjecfc Sajida Zaman; DOB: 3/19/1965 SSN: xxx-xx-4074
\ X i Continued on Attachment 3
4. IF YOU HAVE BEEN SERVED WTTH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF C M L PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU. A COURT ORDER OR AGREEMENT OF THE PARTIES, WrTNESSES. 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 A l l . DAMAGE jmESULTING FROM YOUR FAILURE TO OBEY.
(Proof of service on reverse) Page 1 of 2
Form Adopted ftir Mandatory Use DEPOSmON SUBPOENA FOR PRODUCTION Code of CMI Prooadura, gS2(S0.41(K2020.440
Judicial Cound of Callbmla GiweiniTisnl Code, §66097.
8UBP.010 [Rev. Jamiaiy 1,201^ OF BUSINESS RECORDS
Order 1^.: 440643-005
Attachment 3 fRecords To Be Produced)
Please provide the following records pertaining to:
Sajida Zaman
DOB: 3/19/1965 SSN: xxx-xx-4074
M records, notes, logs, medical records, and all documentation from Workers
Compensation Appeals Board for claim FKQ0487 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 range of records needed Is Any and all ,records.
Order No.: 440843-005
SUBP-010
Sajida Zaman CASE NUMBER:
V.
Liqui-BOX corporation, and DOES 1 through 20, irKiluBive 34-2019-00252121-CU-WT-GDS
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. I served this Oepos/tfo/i SubpoenaforProduction of Business Records by personally delivering a copy to the person served as
a. Person served (name):
b. Address where served: n Travelers Property Casualty
•
Company of America
Q'O CSC Lawyers incorporating Service
2710 Gateway OaVs Drive, Suite 150N
Sacramento, CA 95833
c. Date of delivery:
d. Time of delivery:
a. (1) O Witnessfesswere paid.
Amount $
(2) Q Copying fees vrare 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 I
b. Califomia sheriff or marshal
c. Registered Califomia process server
d. Employee or independent contractor of a registered Califomia process sen/er
e. Exempt from registration under Business of a Professions Code section 22350(b).
f. Registered professional photocopier.
Exempt from registration under Business of a I'Tofessions Code section 22451.
h. Name, address, telephone number, and, if appHcabie, county of registration and number
Onteilus. 170 E. Anow Highway. San Dimas, CA 91773; 800-229-7477
County of Los Angeles
Registration Number 2017064325
I declare under penalty of perjury under the laws of the State of (For Califomia sheriff or marshal use only)
Califomia that theforegoingis true and correct. I certify that theforegoingIs true and correct
Date:
(SIGNWTURE)
Form Adoptod for Mandatory Use Cods of Civil Prooeduie, §§2020.410.2020.440
Judldat Counci of CaOfbmla
DEPOSmON SUBPOENA FOR PRODUCTION Oovetmwnt Coda, 86B0S7.
SUBP.010 [Rev. January 1.2012) OF BUSINESS RECORDS
Order No.: 440643-005
EXHIBIT B
oM
LIBERTY MAN LAW, P.C.
1010 F Street, Ste. 300
Sacramento, California 95814
TeL: (916) 573-0469
Fax: (866) 700-0787
Email: ashtoilibertvmanlaw.com
www.libertvmanlaw.com
July 29, 2022
SENT VIA EMAIL '
Cc:JACKSON LEWIS P.C.
Attn: JAMES T. JONES
400 Capitol Mall, Suite 1600
Sacramento, Califomia 95814
Email: james.iones(5),iacksonlewis.com
Kellv.Asano(a),iacksonlewis.com
SENT VIA U.S. MAIL
Cc: Travelers Property Casualty Company of America
Attn: CSC Lawyers Incorporating Service
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833
Re: Zaman v. Liqui-Box Corporation, et al., Case No.: 34-2019-00252121
Meet and confer re: workers compensation records subpoena for Plaintiff Sajida Zaman.
Counsel:
Our office received your recent subpoena for Plaintiff Sajida Zaman's ("Plaintiff) workers
compensation records at Travelers Property Casualty Company of America ("Travelers"), wherein
Defendant Liqui-Box Corporation ("Defendant") requested the following documents:
"All records, notes, logs, medical records, and all documentation from Workers
Compensation Appeals Board for claim FKQ0487 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."
(emphasis added.)
This request for Plaintiffs workers compensation records is clearly overbroad and intended
to harass our client by violating herrightto 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
1 of 3
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 Califomia
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 confmned in Hale v. Superior CoMrr(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 suffered from at 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. \n Greyhound Corp. v. Superior Court (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.)
We understand i f 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 all records regardless of date in claim no. FKQ0487, including any other
records Travelers's witness "may" have which may or may not be directly relevant to Plaintiffs
disabilities and emotional distress in this case, 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
in the workers compensation file that may be, 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.
2 of 3
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 the workers compensation file 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, Attorney 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
1^ Gmail 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 l^an Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash@libertymanlaw.com
www.libertyrTianlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
E?M
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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://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&searcli=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar4... 1/4
8/5/22,10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
. ^ 1
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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
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.iacksonlewis.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&searcti=all&permmsgid=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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On Thu, Jul 28, 2022 at 5:13 PM Arash Khosrowshahi wrote:
Counsel,
i
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
tittps://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
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.
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action in reliance on the contents of this information is strictly prohibited.
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Preview
FlLED/ENDORSED 1 JOSHUA S. FALAKASSA (SBN: 295045) AUG 0 5 2022 FALAKASSA LAW, P.C. 2 1901 Avenue of the Stars Suite # 450 B»:. E. Macdonald 3 Los Angeles, Califomia 90067 Deputy Clerk Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh@falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) 6 LIBERTY MAN LAW, P.C. lOlOFStt-eet, 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: 2665224 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. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND 19 Defendants. MONETARY SANCTIONS 20 Date: October 20, 2022 BYFAK Time: 1:30pm | 21 Dept.: 53 22 Trial Date: September 12, 2022 23 I, ARASH KHOSROWSHAHI, declare as follows: 24 1. I am an attomey licensed to practice law in the State of Califomia. My State Bar Number 25 is 293246. 26 2. I represent Plaintiff Sajida Zaman ("Plaintiff) in the above-entitled action. I have 27 knowledge of the facts stated herein and can testify competently thereto. 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 1 of 3 1 3. On or about July 21, 2022, counsel for Defendant served a subpoena to Travelers Property 2 Casualty Company of America ("Travelers"), requesting Plaintiffs medical records in 3 relation to her workers compensation file as follows: 4 "All records, notes, logs, medical records, and all documentation from Workers 5 Compensation Appeals Board for claim FKQ0487 and every such record, including those 6 existing in electronic or magnetic form, in the possession, custody or conttol of the said 7 witness, and every such record to which the witness may have access. 8 The date rage of records needed is Any and all records." 9 (Attached as Exhibit A is a tme and correct copy of the Deposition Subpoena for 10 Production of Business Records & Notice to Consumer or Employee and Objection; see 11 Attachment 3 therein [emphasis added].) 12 4. Upon receipt of the subpoena, I sent a detailed meet and confer letter on or about July 29, 13 2022 arguing in sum that the requested records were overbroad and violated Plaintiffs 14 right to privacy in her medical records. (Attached as Exhibit B is a tme and correct copy 15 of the July 29, 2022 meet and confer letter.) Plaintiff offered to limit the scope of the 16 subpoena to encompass the disabilities related to the instant wrongful termination suit, 17 along with her related emotional distress. (See Exhibit B.) | 18 5. On July 29, 2022, counsel for Defendant requested that the records encompass Plaintiffs 19 2013 workers compensation injury, given that Plaintiff placed that injury at issue in her 20 opposition to Defendant's Motion for Summary Judgment. (Attached as Exhibit C are 21 emails between counsel from July 29, 2022 to August 1, 2022.) Counsel for Defendant 22 further claimed that Defendant wanted medical records documenting any other condition 23 that precluded Plaintifffromworking, but that if her workers compensation file for a related 24 subpoena referred to unrelated information, he would agree to limit the scope. (See Exhibil 25 , C.) 26 6. That same day, I sent a follow-up email asking whether Defendant's counsel proposal 27 regarding the 2013 injury applied only to the Travelers subpoena, or other medical record 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT J2of3 1 subpoenas served upon Plaintiff as well. (Id.) Not having heard a response, I sent a follow- I 2 up email on August 1, 2022. (Id.) But Defendant did not follow up. 3 7. I am a graduate of the University of Califomia, Berkeley School of Law ("Boalt Hall"), a 4 Top 14 law school. I further graduated with a Bachelor of Science in Mathematics (Honors) 5 and a Bachelor of Arts in Philosophy (Highest Honors) from the University of Califomia, 6 Davis in 2009. 1 mn a solo practice in Sacramento, California, and have been practicing 7 law since December 2013.1 primarily handle unlimited civil litigation cases in employment 8 law, which include class-action wage-and-hour cases as well as wrongful termination 9 cases. 1 practice throughout the State of Califomia, having litigated cases successfully in 10 the greater Sacramento Area, the Bay Area, and the greater Los Angeles area. I have also 11 negotiated six-figure/seven-figure settlements for class-action wage-and-hour matters as 12 well as six-figure settlements for wrongfiil termination matters. 1 was selected as a Super 13 Lawyer Rising Star in Northem Califomia in 2020, 2021, and 2022, a distinction that is 14 reserved for the top 2.5% of lawyers practicing less than 10 years. For these reasons, I 15 believe an hourly rate of $500 is a reasonable hourly rate. 16 8. I spent 1.5 hours researching and drafting this instant Motion and related documents herein 17 resulting in $750.00 in reasonable attorney's fees. Further, Plaintiff incurs a $60 motion 18 filing fee. I therefore respectfully request sanctions in the amount of $810.00 for reasonable 19 costs and attomey's fees. 20 I declare under penalty of perjury under the laws of the State of Califomia that the 21 foregoing is tme and correct. 22 Dated: August 5, 2022 23 24 By: Arash S. Khosrowshahi 25 Attomey for Plaintiff Sajida Zaman 26 27 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 3 of 3 EXHIBIT A SUBP.02S MTORNEY OR PARTY WTTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY James Jones, Bar# 167967 Jackson Lewis P.C. -132849 WO Capital Mall #1600 Sacramento, CA 95814 FELEPHONE NO.:916-341-0404 FAX NO. (OptfonaO:916-34(W)141 E-MAIL ADDRESS (Optkmal): \TTORNEY FOR (Name): Defendant, LIQUHBOX CORPORATION SUPERIOR COURT OF CALIFORNIA. COUNTY OF SACRAMENTO STREET ADDRESS: 720 Ninth Street CITY AND ZIP CODE: Sacramento, CA 95814 CASE NUMBER: Sajida Zaman VS. Llqul^OX corporation, and DOES 1 ttirough 20, Inclusive 34-2019-00252121-CU-WT-GDS NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc. §§ 1985.3.1985.8) NOTICE TO CONSUMER OR EMPLOYEE To Sajida Zaman and/or attomeys of record: Liberty Man Law. Arash S. Khosrowshahi, 1010 F Street, Suite 300, Sacramento, CA 95814 and FALAKASSA LAW, P.C, Joshua S. Falakassa, 1801 Avenue of the Stars. SuKe 450, Los Angeles, CA 90067. 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name)'. LIQUI-BOX CORPORATION SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (spedfy date): 8/12/2022 The records are described in the subpoena directed to witness (spedfy name and address of person or entity from whom records are sought): Travelers Property Casualty Company of America, do CSC Lawyers Incorporating Service 2710 Gateway Oaks Drive. Suite 150N, Sacramento, Califomia, 95833 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 al)ove-entltled actton, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modiiy the subpoena and give notice of that motion to the witness and the deposition 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 action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objectton that states the specific grounds on which production of such records should be prohibited. You may use theformbelow to object and state the grounds for your objection. You must complete the Proof of Service 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 detemilne 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 otherwiserepresentedby an attomey in this apBon, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. James Jones (TYPE OR PRINT NAME) OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 1. i [1 object to the productkm of all of my records specified in the subpoena. 2. I |l otjjectoniyto the production of the following specified records: 3. The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) (SIGNATURE) (Proof ot service on reverse) Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Coda of CMI PiocBdurs, Judicial Council of Caftbmla S 1985.3.1985.6, SUBP.a2S [nm. January 1, ZDaS| 2020.010-2020.510 mnr.eouiSitfaxa.gB* Older No.: 440643-OOS SUBP-025 CASE NUMBER: Sajida 2^man 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 ^ i s legal action, my business address is 2. i served a copy of the Notice to Consumer or Employee and Objectmn as follows (chedi either a or b): a. \X jPersonal service, i personally delivered the t^tlce to Consumer or Employee and Objection as follows: (1) Name of person served: See attached Service Ust (3) Date served: ) Address where served: (4) Time served: i^"Mail I deposited the Notice to Consumer or Emptoyee and Objection in the United States mall. Inc., in a sealed envelope I |Mi with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: (3) Date sen/ed: (2) Address where sen/ed: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San Dimas,CA 91773. i 5) I am a resident of or employed In the county where the Notice to Consumer or Emptoyee and Ot^ection was mailed. Fed Ex. I deposited the Notice to Consumer or Employee 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 where served: (4) Place of mailing (city & state): 170 E. Arrow Hwy, San Dlmas,CA 91773. (5) I am aresidentof or employed In the county where the Notice to Consumer or Emptoyee and Objeclton was mailed. I declare under penalty of peijury under the laws of the State of Califomia that the foregoing is true and correct. Date: (TYPE OR PRIl^T NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc. §§ 1985.3,1985.6) I iPersonal Service | iMan 1. At the time of service I was at leael IB years of age and not a party to Oils legal action. 2. (served a copy of the Ol^scHan (oProductftvr of Recortte as follows (comply ^thera orb): a. ON THE REQUESTING PARTY (1) I jPeiBonal service. I personally deliveiBd the Otjectlon to Production of Records as follows: P) Name of person served: (Bl) Date served: (D) Address wtiereseived: (Iv) Time served: (2) 1 iMaB. I deposited the OtVedfon to Production of Records In the United States mall, In a sealed envdope with postage fiilly prepaid. The envelope was addressed as ftflows: (I) Name of person served: (III) Date served: (II) Address where served: (Iv) Time served: (v) I am a resident of or employed In the county where the Objection to Production ofRaconk was mailed. b. ONTHEVWTNESS (1) i IPereenal seivleaJ^g«sonsdly dtilvered the O^jeclhntoProduceon of Rscivds as tbUowB: (I) Name ot person served: ' " (III) uate servea: (II) Address where s«ved: (hr) Time served: (2) i IMalL I deposited the Objection to Production ofPocorda In ttie United States mall, In a sealed envelope with postage Ailly prepaid. The envelope was addressed es follows: 0) Name of persrai served: (III) Date served: (II) Address where served: (iv) Time served: (v) I am a resident of or employed In the courrty where Vhe CXdecSon to Production of Records was mailed. 3. My residence or Ixklness address Is (apedfyy. 4. My phone number is (spedlj^: I declare under penalty of perjury under t>» laws of the State ol CaHfbmla that the foregoing Is true arrd correct. Date:. (TYPE OR PRir^r NAME OF PERSON W/HO SERVED) (SIGNATURE OF PERSON WHO SERVED) 8UBp.a2s (Rev. jami»y 1,2008) N O T I C E T O C O N S U M E R O R E M P L O Y E E AND O B J E C T I O N Pago 2 of 2 Older No.: 440643-005 Sajida Zaman vs. Liqui-BOX corporation, and DOES 1 tlirough 20, inclusive Case No.: 34-2019-00252121-CU-WT-GDS SERVICE LIST Arash S. Khosrowshahi Liberty Man Law 1010 F Street, Suite 300 Sacramento. CA 95814 Attomey for Plaintiff. Sajida Zaman Joshua S. Falakassa FALAKASSA LAW. P.C. 1901 Avenue of the Stars, Suite 450 Los Angeles, CA 90067 Attomey for Plaintiff, Sajida Zaman Order No.: 440643 SUBP-010 ATTORNEY OR PARTY WTTHOUT ATTOIRNEY (Wame, Stefe Bar number, and address): FOR COURT USE ONLY James Jones; State Bar No. 167967 Jaci(Son Lewis P.C. -132849 400 Capital Mall #1600 Sacramento, Califomia 95814 TELEPHONE NO.: 916-341-0404 FAX NO. (Opft>naO:916-340-0141 E-MAIL ADDRESS (Opttonal): ATTORNEY FOR (Name): Defendant LIQUI-BOX CORPORATION SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS: 720 Ninth Street Crrt AND ZIP CODE: Sacramento, CA 95814 CASE NUMBER: Sajida Zaman VS. LIqui-BOX corporation, and DOES 1 through 20, inclusive 34-201W)0252121-CU-WT-GDS DEPOSmON SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, If known): Travelers Property Casualty Company of America, do CSC Lawyers Incorporating Service 2710 Gateway Oaks Drive, SuKe 150N. Sacramento, CA 95833 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS descritied In Item 3. as follows: To (name of deposltton officer): Onteilus, Phone No. 877-807-5162 On (date): 8/12/2022 At (t/me): 10:00 a.m. Location (address): 170 E. Arrow Highway. San Dimes, CA 91773 Do not release the requested records to the deposition officer prior to the date and time stated above. a. I I by delivering a true, legible, and durable copy of the tiusiness records described in item 3, enclosed In a sealed Inner wrapper with the tide and number of the action, name of witness, and date of subpoena clearly written on it. The Inner wrapper shall ttien be enclosed in an outer envelops 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 reoonls described in item 3 to the deposition officer at the witness's address, on receipt of payment In cash or by chedc of the reasonable costs of preparing the copy, as detennined under Evidence Code section 1563(b). c. I X 1 by maldng the original business records described In Item 3 available for Inspection at your business address by the attomey's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. 77i8 records are to be produced by the date and time shown In Hem 1 (but not sooner than 20 days after the issuance of the depos/fton su/ipoena, or ^ 5 days after service, whichever date is later). Reasonable costs aftocaOng records, making them available or copying them, and postage. If any, are recovemble as set forth In Evidence Code section 1563(b). Ttie records shall be accompanied by an affidavit of the custodian or other quallffed witness pursuant to Evidence Code section 1561. 3. The records to be produced are described as follows (if electrontoally stored information is demanded,tiiefonnor forms in which each type ofinformatton is to be produced may be specified): Record Siibjecfc Sajida Zaman; DOB: 3/19/1965 SSN: xxx-xx-4074 \ X i Continued on Attachment 3 4. IF YOU HAVE BEEN SERVED WTTH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF C M L PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU. A COURT ORDER OR AGREEMENT OF THE PARTIES, WrTNESSES. 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 A l l . DAMAGE jmESULTING FROM YOUR FAILURE TO OBEY. (Proof of service on reverse) Page 1 of 2 Form Adopted ftir Mandatory Use DEPOSmON SUBPOENA FOR PRODUCTION Code of CMI Prooadura, gS2(S0.41(K2020.440 Judicial Cound of Callbmla GiweiniTisnl Code, §66097. 8UBP.010 [Rev. Jamiaiy 1,201^ OF BUSINESS RECORDS Order 1^.: 440643-005 Attachment 3 fRecords To Be Produced) Please provide the following records pertaining to: Sajida Zaman DOB: 3/19/1965 SSN: xxx-xx-4074 M records, notes, logs, medical records, and all documentation from Workers Compensation Appeals Board for claim FKQ0487 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 range of records needed Is Any and all ,records. Order No.: 440843-005 SUBP-010 Sajida Zaman CASE NUMBER: V. Liqui-BOX corporation, and DOES 1 through 20, irKiluBive 34-2019-00252121-CU-WT-GDS PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. I served this Oepos/tfo/i SubpoenaforProduction of Business Records by personally delivering a copy to the person served as a. Person served (name): b. Address where served: n Travelers Property Casualty • Company of America Q'O CSC Lawyers incorporating Service 2710 Gateway OaVs Drive, Suite 150N Sacramento, CA 95833 c. Date of delivery: d. Time of delivery: a. (1) O Witnessfesswere paid. Amount $ (2) Q Copying fees vrare 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 I b. Califomia sheriff or marshal c. Registered Califomia process server d. Employee or independent contractor of a registered Califomia process sen/er e. Exempt from registration under Business of a Professions Code section 22350(b). f. Registered professional photocopier. Exempt from registration under Business of a I'Tofessions Code section 22451. h. Name, address, telephone number, and, if appHcabie, county of registration and number Onteilus. 170 E. Anow Highway. San Dimas, CA 91773; 800-229-7477 County of Los Angeles Registration Number 2017064325 I declare under penalty of perjury under the laws of the State of (For Califomia sheriff or marshal use only) Califomia that theforegoingis true and correct. I certify that theforegoingIs true and correct Date: (SIGNWTURE) Form Adoptod for Mandatory Use Cods of Civil Prooeduie, §§2020.410.2020.440 Judldat Counci of CaOfbmla DEPOSmON SUBPOENA FOR PRODUCTION Oovetmwnt Coda, 86B0S7. SUBP.010 [Rev. January 1.2012) OF BUSINESS RECORDS Order No.: 440643-005 EXHIBIT B oM LIBERTY MAN LAW, P.C. 1010 F Street, Ste. 300 Sacramento, California 95814 TeL: (916) 573-0469 Fax: (866) 700-0787 Email: ashtoilibertvmanlaw.com www.libertvmanlaw.com July 29, 2022 SENT VIA EMAIL ' Cc:JACKSON LEWIS P.C. Attn: JAMES T. JONES 400 Capitol Mall, Suite 1600 Sacramento, Califomia 95814 Email: james.iones(5),iacksonlewis.com Kellv.Asano(a),iacksonlewis.com SENT VIA U.S. MAIL Cc: Travelers Property Casualty Company of America Attn: CSC Lawyers Incorporating Service 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833 Re: Zaman v. Liqui-Box Corporation, et al., Case No.: 34-2019-00252121 Meet and confer re: workers compensation records subpoena for Plaintiff Sajida Zaman. Counsel: Our office received your recent subpoena for Plaintiff Sajida Zaman's ("Plaintiff) workers compensation records at Travelers Property Casualty Company of America ("Travelers"), wherein Defendant Liqui-Box Corporation ("Defendant") requested the following documents: "All records, notes, logs, medical records, and all documentation from Workers Compensation Appeals Board for claim FKQ0487 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." (emphasis added.) This request for Plaintiffs workers compensation records is clearly overbroad and intended to harass our client by violating herrightto 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 1 of 3 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 Califomia 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 confmned in Hale v. Superior CoMrr(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 suffered from at 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. \n Greyhound Corp. v. Superior Court (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.) We understand i f 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 all records regardless of date in claim no. FKQ0487, including any other records Travelers's witness "may" have which may or may not be directly relevant to Plaintiffs disabilities and emotional distress in this case, 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 in the workers compensation file that may be, 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. 2 of 3 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 the workers compensation file 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, Attorney 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 1^ Gmail 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 l^an Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash@libertymanlaw.com www.libertyrTianlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu E?M 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://mail.google.com/mail/u/0/?ik=2c35811dd3&view=pt&searcli=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1&simpl=msg-a%3Ar4... 1/4 8/5/22,10:40 AM Liberty Man Law, P.C. Mail - Zaman v. Liqui-Box Corp: meet and confer re: medical record subpoenas "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu . ^ 1 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 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.iacksonlewis.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&searcti=all&permmsgid=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, i 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 tittps://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 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. tittps://mail.googte.com/mail/u/0/?ik=2c35811 dd3&view=pt&search=all&permmsgid=msg-a%3Ar4325038082277996702&dsqt=1 &simpl=msg-a%3Ar4... 4/4