Motion to Compel Compliance with Deposition Records Subpoena to Liberty Executive Admin., Inc.
TENTATIVE RULING
Plaintiff’s’ Motion to Compel Liberty Executive Admin., Inc. to Comply with The Deposition Records Subpoena previously served upon it is denied. Upon review of all pleadings in support of and in opposition to the motion, it appears that the only matter still in dispute is whether or not LEA should be compelled to produce 1099 tax statements (non-employee income payments) it sent to defense-retained medical expert Dr. Eldan Eichbaum for medical-legal services that it arranged and that he performed as an expert witness in any case from January 1, 2015, to the present. While, like any witness, Dr. Eichbaum’s testimony is subject to impeachment for bias, interest or motive pursuant to Evid. Code §801 (f), Plaintiff has failed to demonstrate an interest in obtaining his tax documents that is sufficient to overcome either his statutory taxpayer privilege or his constitutional right