Motion: Plaintiff’s Motion to Compel Quash Subpoena
Tentative Ruling:
To grant and quash the subpoena directed at Dry Creek Medical Group, and impose $1,738.75 in monetary sanctions against SCCCD and in favor of plaintiff, to be paid to plaintiff’s counsel within 30 days of service of the order by the clerk. (Code Civ. Proc. §§ 1985.3, 1987.2, 2023.010.)
Explanation:
Because plaintiff identified in her interrogatory response Barbara J. Morlan, M.D., as a health care physician who performed a consultation or examination of plaintiff related to “symptoms of sleeplessness,” SCCCD subpoenaed all of plaintiff’s medical records from Dry Creek Medical Group, the practice group identified with the address provided for Dr. Morlan. Plaintiff moves to quash the subpoena.
Prior to filing this motion, plaintiff amended her interrogatory responses to clarify that she “mistakenly” identified Dr. Morlan, and stating that she has not received treatment from Dr. Morlan any other physician for symptoms t
Hearing Date
January 13, 2020
Type
15 Unlimited - Other Employment
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Motion: Plaintiff’s Motion to Compel Quash Subpoena
Tentative Ruling:
To grant and quash the subpoena directed at Dry Creek Medical Group, and impose $1,738.75 in monetary sanctions against SCCCD and in favor of plaintiff, to be paid to plaintiff’s counsel within 30 days of service of the order by the clerk. (Code Civ. Proc. §§ 1985.3, 1987.2, 2023.010.)
Explanation:
Because plaintiff identified in her interrogatory response Barbara J. Morlan, M.D., as a health care physician who performed a consultation or examination of plaintiff related to “symptoms of sleeplessness,” SCCCD subpoenaed all of plaintiff’s medical records from Dry Creek Medical Group, the practice group identified with the address provided for Dr. Morlan. Plaintiff moves to quash the subpoena.
Prior to filing this motion, plaintiff amended her interrogatory responses to clarify that she “mistakenly” identified Dr. Morlan, and stating that she has not received treatment from Dr. Morlan any other physician for symptoms t