Plaintiff’s Two (2) Motions to Quash Subpoenas Served by Defendants for Medical Records of Back 2 Health Physical Therapy and Medical Practice Management Resources, Inc.; Request for Sanctions, filed on 10/4/18, are GRANTED. The subpoenas issued by Defendant, for production of records the foregoing witnesses are ordered quashed. Motions, Ex. A.
The motions are not untimely filed. Pursuant to Cal. Code Civil Procedure § 1985.3(g), cited by Defendants, notice of the bringing of the motion shall be given to the witness and deposition officer “at least five days prior to production.” Id. Plaintiff served objections to the deposition officers on 10/2/18, three days before production of records.
This is not fatal to the motion. Section 1985.3(g) also states that the failure to provide notice to the deposition “shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for impr
Hearing Date
December 10, 2018
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Plaintiff’s Two (2) Motions to Quash Subpoenas Served by Defendants for Medical Records of Back 2 Health Physical Therapy and Medical Practice Management Resources, Inc.; Request for Sanctions, filed on 10/4/18, are GRANTED. The subpoenas issued by Defendant, for production of records the foregoing witnesses are ordered quashed. Motions, Ex. A.
The motions are not untimely filed. Pursuant to Cal. Code Civil Procedure § 1985.3(g), cited by Defendants, notice of the bringing of the motion shall be given to the witness and deposition officer “at least five days prior to production.” Id. Plaintiff served objections to the deposition officers on 10/2/18, three days before production of records.
This is not fatal to the motion. Section 1985.3(g) also states that the failure to provide notice to the deposition “shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for impr