Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
1 Brian L. Hoffman (State Bar No. 150824) Darrel E. Parker, Executive Officer
bhoffman@wshblaw.com 11/10/2021 10:39 AM
2 Wabel Moussly (State Bar No. 329686) By: Narzralli Baksh, Deputy
wmoussly@wshblaw.com
3 WOOD, SMITH, HENNING & BERMAN LLP
10960 Wilshire Boulevard, 18th Floor
4 Los Angeles, California 90024-3804
Phone: 310-481-7600 ♦ Fax: 310-481-7650
5
Attorneys for Non-Party, BARBARA PALOMAREZ, LMFT
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7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA BARBARA, ANACAPA DIVISION
10
11 DAVID G. BERTRAND, Case No. 19CV02357 and 19CV02429
WOOD, SMITH, HENNING & BERMAN LLP
10960 WILSHIRE BOULEVARD, 18TH FLOOR
TELEPHONE 310-481-7600 ♦ FAX 310-481-7650
LOS ANGELES, CALIFORNIA 90024-3804
12 Plaintiff, OBJECTIONS TO SUBPOENA DUCES
TECUM FOR PERSONAL APPEARANCE
13 v. AND PRODUCTION OF DOCUMENTS,
Attorneys at Law
ELECTRONICALLY STORED
14 JESSICA BERRY, INFORMATION, AND THINGS AT
TRIAL OR HEARING
15 Defendant.
The Hon. Colleen K Sterne, Dept. 5
16
Trial Date: September 20, 2021
17
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19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE THAT non-party, BARBARA PALOMAREZ, LMFT hereby
21 objects to plaintiff DAVID G. BERTRAND's Subpoena Duces Tecum for Personal Appearance
22 and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing
23 served to Ms. Palomarez to appear at trial in the above-referenced matters, on September 20, 2021,
24 at 11:30 a.m. in Department 5 of the above-entitled Court, and produce the mental
25 health/psychotherapy records of her patient, JESSICA BERRY, as follows:
26 The scope of the privacy protection to which medical records in general and mental health
27 records in particular are afforded has expanded during the past two decades. The California
28 Confidentiality of Medical Information Act (“CMIA”) codified in California Civil Code § 56, et
22192007.1:10386-0395
OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF
DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING
1 seq., was enacted in 1979 and substantially rewritten in 1981 to provide protection from disclosure
2 of consumer medical records. In 1999, § 56.104 was added.
3 This section provides that without a specific court order, outpatient mental health therapy
4 notes are exempt from production pursuant to a subpoena duces tecum without the specific
5 authorization of the patient.
6 Under HIPAA, which was enacted through 45 CFR 164.508, authorizations must be
7 procured before psychotherapy records or notes can be released. Section 164.508 provides:
8 (1) Authorization required: General rule:
9 Except as otherwise permitted or required by the subject chapter, a covered entity
may not use or disclose protected health information without an authorization that
10 is valid under the section. When a covered entity obtained or receives a valid
authorization for its use or disclosure of protected health information, such use or
11 disclosure must be consistent with such authorization.(emphasis added)
WOOD, SMITH, HENNING & BERMAN LLP
10960 WILSHIRE BOULEVARD, 18TH FLOOR
TELEPHONE 310-481-7600 ♦ FAX 310-481-7650
LOS ANGELES, CALIFORNIA 90024-3804
12 (2) Authorization required: psychotherapy notes. Notwithstanding any provision of
the subpart, other than the transition provisions in § 164.532, a covered entity must
13 obtain an authorization for any use or disclosure of psychotherapy notes, except:
Attorneys at Law
14 (i) To carry out the following treatment, payment, or health operations:
15 (A) Use by the originator of the psychotherapy notes for treatment;
16 (B) Use or disclosure by the covered entity for its own training programs with
students, trainees, or practitioners in mental health under supervision to practice or
17 improve their skills in group, joint, family, or individual counseling; or
18 (C) Use or disclosure by the covered entity to defend itself in a legal action or other
proceeding brought by the individual; … It is clear from the aforementioned text,
19 that psychotherapy notes are subject to a higher standard than traditional "medical
records" and for this reason, require court order or an authorization.
20
21 Further, Welfare and Institutions Code § 5328 et. seq. states in pertinent part:
22 All information and records obtained in the course of providing services under
Division 4 (commencing with Section 4000), Division 4.1 (commencing with
23 Section 4400), Division 4.5 (commencing with Section 4500), Division 5
(commencing with Section 5000), Division 6 (commencing with Section 6000), or
24 Division 7 (commencing with Section 7100), to either voluntary or involuntary
recipients of services shall be confidential. Information and records obtained in the
25 course of providing similar services to either voluntary or involuntary recipients
prior to 1969 shall also be confidential. Information and records shall be disclosed
26 only in any of the following cases:
27 (a) In communications between qualified professional persons in the provision of
services or appropriate referrals, or in the course of conservatorship proceedings.
28 The consent of the patient, or his or her guardian or conservator, shall be obtained
22192007.1:10386-0395 -2-
OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF
DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING
1 before information or records may be disclosed by a professional person employed
by a facility to a professional person not employed by the facility who does not
2 have the medical or psychological responsibility for the patient’s care.
3 (b) When the patient, with the approval of the physician and surgeon, licensed
psychologist, social worker with a master’s degree in social work, licensed
4 marriage and family therapist, or licensed professional clinical counselor, who is in
charge of the patient, designates persons to whom information or records may be
5 released, except that nothing in this article shall be construed to compel a physician
and surgeon, licensed psychologist, social worker with a master’s degree in social
6 work, licensed marriage and family therapist, licensed professional clinical
counselor, nurse, attorney, or other professional person to reveal information that
7 has been given to him or her in confidence by members of a patient’s family.
Nothing in this subdivision shall be construed to authorize a licensed marriage and
8 family therapist or licensed professional clinical counselor to provide services or to
be in charge of a patient’s care beyond his or her lawful scope of practice.
9
(c) To the extent necessary for a recipient to make a claim, or for a claim to be
10 made on behalf of a recipient for aid, insurance, or medical assistance to which he
or she may be entitled.
11
WOOD, SMITH, HENNING & BERMAN LLP
(d) If the recipient of services is a minor, ward, dependent, or conservatee, and his
10960 WILSHIRE BOULEVARD, 18TH FLOOR
TELEPHONE 310-481-7600 ♦ FAX 310-481-7650
LOS ANGELES, CALIFORNIA 90024-3804
12 or her parent, guardian, guardian ad litem, conservator, or authorized representative
designates, in writing, persons to whom records or information may be disclosed,
13 except that nothing in this article shall be construed to compel a physician and
Attorneys at Law
surgeon, licensed psychologist, social worker with a master’s degree in social
14 work, licensed marriage and family therapist, licensed professional clinical
counselor, nurse, attorney, or other professional person to reveal information that
15 has been given to him or her in confidence by members of a patient’s family.
16 (e) For research, provided that the Director of Health Care Services, the Director of
State Hospitals, the Director of Social Services, or the Director of Developmental
17 Services designates by regulation, rules for the conduct of research and requires the
research to be first reviewed by the appropriate institutional review board or
18 boards…
19 None of the aforementioned exceptions apply to this situation, thereby requiring an
20 authorization prior to the release of the records.
21 Finally, the psychotherapist-patient privilege, codified in California Evidence Code,
22 Section 1010, et seq., protects confidential communications between a psychotherapist and a
23 patient. Unless a statutory exception applies, the psychotherapist must assert the privilege on
24 behalf of the patient, and production of records containing privileged information is not permitted.
25 ///
26 ///
27 ///
28 ///
22192007.1:10386-0395 -3-
OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF
DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING
1 Based upon the aforementioned objections, Ms. Palomarez is precluded from producing
2 mental health records or divulging mental health information absent a signed written authorization
3 from JESSICA BERRY, or an order from the Court permitting the disclosure of such mental
4 health information.
5 DATED: September 9, 2021 WOOD, SMITH, HENNING & BERMAN LLP
6
7
By:
8 BRIAN L. HOFFMAN
WABEL MOUSSLY
9 Attorneys for Non-Party, BARBARA PALOMAREZ,
LMFT
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11
WOOD, SMITH, HENNING & BERMAN LLP
10960 WILSHIRE BOULEVARD, 18TH FLOOR
TELEPHONE 310-481-7600 ♦ FAX 310-481-7650
LOS ANGELES, CALIFORNIA 90024-3804
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Attorneys at Law
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22192007.1:10386-0395 -4-
OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF
DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING
1 PROOF OF SERVICE
2 Bertrand v. Berry, et al.
Case No. 19CV02357 and 19CV02429
3
I am employed in the County of Los Angeles, State of California. I am over the age of
4 eighteen years and not a party to the within action. My business address is 10960 Wilshire
Boulevard, 18th Floor, Los Angeles, CA 90024-3804.
5
On September 9, 2021, I served the following document(s) described as OBJECTIONS
6 TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION
OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT
7 TRIAL OR HEARING on the interested parties in this action as follows:
8 SEE ATTACHED SERVICE LIST
9 BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed
envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith,
10 Henning & Berman’s practice for collecting and processing correspondence for mailing with the
United States Postal Service. Under that practice, it would be deposited with the United States
11 Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for
WOOD, SMITH, HENNING & BERMAN LLP
collection and mailing with postage thereon fully prepaid at Los Angeles, California, on that same
10960 WILSHIRE BOULEVARD, 18TH FLOOR
TELEPHONE 310-481-7600 ♦ FAX 310-481-7650
LOS ANGELES, CALIFORNIA 90024-3804
12 day following ordinary business practices.
13 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused the document(s) to be
Attorneys at Law
sent from e-mail address favila@wshblaw.com to the persons at the electronic notification address
14 listed in the service list. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was not successful.
15
I declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct.
17 Executed on September 9, 2021, at Los Angeles, California.
18
19 /s/ Fernanda Avila
Fernanda Avila
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22192007.1:10386-0395 -5-
OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF
DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING
1 SERVICE LIST
Bertrand v. Berry, et al.
2 Case No. 19CV02357 and 19CV02429
3 Jessica Berry Mark T. Coffin, Esq.
234 S. Figueroa St., #1640 The Law Office of Mark T. Coffin
4 Los Angeles, CA 90012 21 E. Carrillo Street, Suite 240
E-Mail: BerryJessica037@gmail.com Santa Barbara, CA 93101
5 Plaintiff, In Pro Per E-Mail: mtc@markcoffinlaw.com
Attorney for DAVID G. BERTRAND
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WOOD, SMITH, HENNING & BERMAN LLP
10960 WILSHIRE BOULEVARD, 18TH FLOOR
TELEPHONE 310-481-7600 ♦ FAX 310-481-7650
LOS ANGELES, CALIFORNIA 90024-3804
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Attorneys at Law
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22192007.1:10386-0395 -6-
OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF
DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING
Preview
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara 1 Brian L. Hoffman (State Bar No. 150824) Darrel E. Parker, Executive Officer bhoffman@wshblaw.com 11/10/2021 10:39 AM 2 Wabel Moussly (State Bar No. 329686) By: Narzralli Baksh, Deputy wmoussly@wshblaw.com 3 WOOD, SMITH, HENNING & BERMAN LLP 10960 Wilshire Boulevard, 18th Floor 4 Los Angeles, California 90024-3804 Phone: 310-481-7600 ♦ Fax: 310-481-7650 5 Attorneys for Non-Party, BARBARA PALOMAREZ, LMFT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA BARBARA, ANACAPA DIVISION 10 11 DAVID G. BERTRAND, Case No. 19CV02357 and 19CV02429 WOOD, SMITH, HENNING & BERMAN LLP 10960 WILSHIRE BOULEVARD, 18TH FLOOR TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 LOS ANGELES, CALIFORNIA 90024-3804 12 Plaintiff, OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE 13 v. AND PRODUCTION OF DOCUMENTS, Attorneys at Law ELECTRONICALLY STORED 14 JESSICA BERRY, INFORMATION, AND THINGS AT TRIAL OR HEARING 15 Defendant. The Hon. Colleen K Sterne, Dept. 5 16 Trial Date: September 20, 2021 17 18 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE THAT non-party, BARBARA PALOMAREZ, LMFT hereby 21 objects to plaintiff DAVID G. BERTRAND's Subpoena Duces Tecum for Personal Appearance 22 and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing 23 served to Ms. Palomarez to appear at trial in the above-referenced matters, on September 20, 2021, 24 at 11:30 a.m. in Department 5 of the above-entitled Court, and produce the mental 25 health/psychotherapy records of her patient, JESSICA BERRY, as follows: 26 The scope of the privacy protection to which medical records in general and mental health 27 records in particular are afforded has expanded during the past two decades. The California 28 Confidentiality of Medical Information Act (“CMIA”) codified in California Civil Code § 56, et 22192007.1:10386-0395 OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING 1 seq., was enacted in 1979 and substantially rewritten in 1981 to provide protection from disclosure 2 of consumer medical records. In 1999, § 56.104 was added. 3 This section provides that without a specific court order, outpatient mental health therapy 4 notes are exempt from production pursuant to a subpoena duces tecum without the specific 5 authorization of the patient. 6 Under HIPAA, which was enacted through 45 CFR 164.508, authorizations must be 7 procured before psychotherapy records or notes can be released. Section 164.508 provides: 8 (1) Authorization required: General rule: 9 Except as otherwise permitted or required by the subject chapter, a covered entity may not use or disclose protected health information without an authorization that 10 is valid under the section. When a covered entity obtained or receives a valid authorization for its use or disclosure of protected health information, such use or 11 disclosure must be consistent with such authorization.(emphasis added) WOOD, SMITH, HENNING & BERMAN LLP 10960 WILSHIRE BOULEVARD, 18TH FLOOR TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 LOS ANGELES, CALIFORNIA 90024-3804 12 (2) Authorization required: psychotherapy notes. Notwithstanding any provision of the subpart, other than the transition provisions in § 164.532, a covered entity must 13 obtain an authorization for any use or disclosure of psychotherapy notes, except: Attorneys at Law 14 (i) To carry out the following treatment, payment, or health operations: 15 (A) Use by the originator of the psychotherapy notes for treatment; 16 (B) Use or disclosure by the covered entity for its own training programs with students, trainees, or practitioners in mental health under supervision to practice or 17 improve their skills in group, joint, family, or individual counseling; or 18 (C) Use or disclosure by the covered entity to defend itself in a legal action or other proceeding brought by the individual; … It is clear from the aforementioned text, 19 that psychotherapy notes are subject to a higher standard than traditional "medical records" and for this reason, require court order or an authorization. 20 21 Further, Welfare and Institutions Code § 5328 et. seq. states in pertinent part: 22 All information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with 23 Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or 24 Division 7 (commencing with Section 7100), to either voluntary or involuntary recipients of services shall be confidential. Information and records obtained in the 25 course of providing similar services to either voluntary or involuntary recipients prior to 1969 shall also be confidential. Information and records shall be disclosed 26 only in any of the following cases: 27 (a) In communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. 28 The consent of the patient, or his or her guardian or conservator, shall be obtained 22192007.1:10386-0395 -2- OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING 1 before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not 2 have the medical or psychological responsibility for the patient’s care. 3 (b) When the patient, with the approval of the physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed 4 marriage and family therapist, or licensed professional clinical counselor, who is in charge of the patient, designates persons to whom information or records may be 5 released, except that nothing in this article shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social 6 work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that 7 has been given to him or her in confidence by members of a patient’s family. Nothing in this subdivision shall be construed to authorize a licensed marriage and 8 family therapist or licensed professional clinical counselor to provide services or to be in charge of a patient’s care beyond his or her lawful scope of practice. 9 (c) To the extent necessary for a recipient to make a claim, or for a claim to be 10 made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled. 11 WOOD, SMITH, HENNING & BERMAN LLP (d) If the recipient of services is a minor, ward, dependent, or conservatee, and his 10960 WILSHIRE BOULEVARD, 18TH FLOOR TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 LOS ANGELES, CALIFORNIA 90024-3804 12 or her parent, guardian, guardian ad litem, conservator, or authorized representative designates, in writing, persons to whom records or information may be disclosed, 13 except that nothing in this article shall be construed to compel a physician and Attorneys at Law surgeon, licensed psychologist, social worker with a master’s degree in social 14 work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information that 15 has been given to him or her in confidence by members of a patient’s family. 16 (e) For research, provided that the Director of Health Care Services, the Director of State Hospitals, the Director of Social Services, or the Director of Developmental 17 Services designates by regulation, rules for the conduct of research and requires the research to be first reviewed by the appropriate institutional review board or 18 boards… 19 None of the aforementioned exceptions apply to this situation, thereby requiring an 20 authorization prior to the release of the records. 21 Finally, the psychotherapist-patient privilege, codified in California Evidence Code, 22 Section 1010, et seq., protects confidential communications between a psychotherapist and a 23 patient. Unless a statutory exception applies, the psychotherapist must assert the privilege on 24 behalf of the patient, and production of records containing privileged information is not permitted. 25 /// 26 /// 27 /// 28 /// 22192007.1:10386-0395 -3- OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING 1 Based upon the aforementioned objections, Ms. Palomarez is precluded from producing 2 mental health records or divulging mental health information absent a signed written authorization 3 from JESSICA BERRY, or an order from the Court permitting the disclosure of such mental 4 health information. 5 DATED: September 9, 2021 WOOD, SMITH, HENNING & BERMAN LLP 6 7 By: 8 BRIAN L. HOFFMAN WABEL MOUSSLY 9 Attorneys for Non-Party, BARBARA PALOMAREZ, LMFT 10 11 WOOD, SMITH, HENNING & BERMAN LLP 10960 WILSHIRE BOULEVARD, 18TH FLOOR TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 LOS ANGELES, CALIFORNIA 90024-3804 12 13 Attorneys at Law 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22192007.1:10386-0395 -4- OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING 1 PROOF OF SERVICE 2 Bertrand v. Berry, et al. Case No. 19CV02357 and 19CV02429 3 I am employed in the County of Los Angeles, State of California. I am over the age of 4 eighteen years and not a party to the within action. My business address is 10960 Wilshire Boulevard, 18th Floor, Los Angeles, CA 90024-3804. 5 On September 9, 2021, I served the following document(s) described as OBJECTIONS 6 TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT 7 TRIAL OR HEARING on the interested parties in this action as follows: 8 SEE ATTACHED SERVICE LIST 9 BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith, 10 Henning & Berman’s practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States 11 Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for WOOD, SMITH, HENNING & BERMAN LLP collection and mailing with postage thereon fully prepaid at Los Angeles, California, on that same 10960 WILSHIRE BOULEVARD, 18TH FLOOR TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 LOS ANGELES, CALIFORNIA 90024-3804 12 day following ordinary business practices. 13 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused the document(s) to be Attorneys at Law sent from e-mail address favila@wshblaw.com to the persons at the electronic notification address 14 listed in the service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was not successful. 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct. 17 Executed on September 9, 2021, at Los Angeles, California. 18 19 /s/ Fernanda Avila Fernanda Avila 20 21 22 23 24 25 26 27 28 22192007.1:10386-0395 -5- OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING 1 SERVICE LIST Bertrand v. Berry, et al. 2 Case No. 19CV02357 and 19CV02429 3 Jessica Berry Mark T. Coffin, Esq. 234 S. Figueroa St., #1640 The Law Office of Mark T. Coffin 4 Los Angeles, CA 90012 21 E. Carrillo Street, Suite 240 E-Mail: BerryJessica037@gmail.com Santa Barbara, CA 93101 5 Plaintiff, In Pro Per E-Mail: mtc@markcoffinlaw.com Attorney for DAVID G. BERTRAND 6 7 8 9 10 11 WOOD, SMITH, HENNING & BERMAN LLP 10960 WILSHIRE BOULEVARD, 18TH FLOOR TELEPHONE 310-481-7600 ♦ FAX 310-481-7650 LOS ANGELES, CALIFORNIA 90024-3804 12 13 Attorneys at Law 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22192007.1:10386-0395 -6- OBJECTIONS TO SUBPOENA DUCES TECUM FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING