2017-00215518-CU-PO

Yelena Kalinovskaya vs. Ranu Bros Transport, Inc.

Nature of Proceeding: Motion to Quash Deposition Subpoena

Filed By: Way, Marshall R.

Plaintiff Yelena Kalinovskaya’s (“Yelena”) motion to quash subpoena issued for medical records is ruled upon as follows.

In this action, Yelena asserts a cause of action for wrongful death of her minor child,

Victoria Kalinovskaya (“Victoria”). On 7/24/2016, Victoria was a passenger in a tractor and trailer rig that was being operated by her father, co-plaintiff Serget Kalinovskiy.

Defendant Gurwinder Singhrana (“Singhrana”) was also operating a tractor and trailer rig. Plaintiffs allege that Singhrana and co-defendant Ranu Bros Transport, Inc. (“RBT”) owned/operated the rig. Plaintiffs allege that Singhrana collided with the rig in

which Victoria was a passenger, causing her death. Yelena alleges that she has sustained a “loss of love, companionship, comfort, affection, society, guidance,

protection, training, advice, solace, moral support, financial support and loss of physical assistance in the operation and maintenance of the home.” (Complaint, ¶ 21.)

Singhrana and RBT (collectively “Defendants”) served 2 subpoenas on Yelena’s medical providers: West Chindon Medical Group (“WCMG”) and Community Outreach Counseling (“COC”).

The WCMG subpoena seeks:

All documents and records pertaining to the care, treatment and

examination of Yelena Kalinovskaya, including but not limited to,

any itemized statement of the billing charges, sign-in sheets, inpatient

and outpatient charts and records, emergency room and lab reports,

pathology reports, prescription and pharmacy

records, and any other records pertaining to Yelena Kalinovskaya, from the first date of treatment to and including the present. DOB:
March 08, 1979, ss#: unknown. Billing records are including but not limited to any records/documents that may be stored digitally and/or electronically: charges, explanation of benefits, payments, adjustments, write-offs, balances due, insurance records and itemized billing charges regarding any and all care, treatment and/or examinations pertaining to Yelena Kalinovskaya, including but not limited to records from Daniel S. Knroop, Do.

The COC subpoena seeks:

All documents and records pertaining to the care, treatment and

examination of Yelena Yalinovskaya, including but not limited to,

any itemized statement of the billing charges, sign-in sheets, inpatient

and outpatient charts and records, emergency room and lab reports,

pathology reports, prescription and pharmacy

records, and any other records pertaining to Yelena Kalinovskaya, from the first date of treatment to and including the present. DOB:
March 08, 1979, ss#: unknown. Billing records are including but not limited to any records/documents that may be stored digitally and/or electronically: charges, explanation of benefits, payments, adjustments, write-offs, balances due, insurance records and itemized billing charges regarding any and all care, treatment and/or examinations pertaining to Yelena Kalinovskaya.

Yelena moves to quash on the grounds that the subpoenas seek information privileged as physician/patient communication, and/or violate Yelena’s right to privacy, that they are overly broad and not narrowly tailored to obtain information directly relevant to the subject action in that they are not limited to the claims being made by Yelena in this litigation and seek entirely irrelevant and privileged information that is unrelated to the claims at issue in this case.

Analysis

Recovery for the wrongful death of a decedent is limited to the pecuniary losses suffered by the plaintiffs. (Krouse v. Graham (1977) 19 Cal. 3d 59, 67.) Damages for mental and emotional distress, including grief and sorrow, are not recoverable in a wrongful death action. (Id. at 72.) Medical expenses and hospital bills may not be recovered in wrongful death action. (Pacific Employers Ins. Co. v. Hartford Steam

Boiler Inspection & Ins. Co. (1956) 143 Cal. App. 2d 646.)

Yelena insists that she has made clear that she is only claiming damages for the wrongful death of Victoria in accordance with California law, and is not claiming any physical injury or otherwise claiming damages related to any medical treatment. (See Yelena’s response to Form Interrogatory No. 6.1, stating “Plaintiff is making a claim for general damages attributable to the wrongful death of her daughter under California law. Plaintiff was not physically injured or present when the subject accident occurred.”)

In opposition, Defendants claim based on her response to Form Interrogatory No. 6.4, Yelena placed her medical treatment at issue and waived her privilege and privacy rights. Defendants also insist that because Yelena is seeking general damages, it appears that she is also seeking mental and emotional distress damages.

Form Interrogatory No. 6.4 states “Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310), or treatment from a HEALTH CARE PROVIDER for any injury you attribute to the INCIDENT?”

Yelena responded:

Plaintiff objects to this interrogatory to the extent that it calls for the production of a compilation, abstract, audit, or summary of documents that are equally available to requesting party via subpoena. Plaintiff further objects to the extent that she is not making a claim for personal injury or medical expenses as a result of the subject incident, and therefore this interrogatory seeks irrelevant information and is not reasonably calculate to lead to the discovery of admissible evidence. Subject to and without waiving this objection, Plaintiff responds: As a result of the death of her child Plaintiff has sought treatment and counseling at Saint Alphonsus Medical Center, 3217 W Bavaria St., Eagle, ID 83616, and Community Outreach Counseling 1031 W. Sanetta St. Nampa, ID 83651.

(See Yelena’s response to Form Interrogatory No. 6.4 [emphasis added].)

The Court disagrees with Defendants. Here, Yelena’s response specifically stated that she was not making a claim for personal injury and medical expenses. “Subject to and without waiving the objection”, she responded with her medical providers’ information. Thus, the Court concludes there is no uncertainty as to whether she is seeking mental and emotional distress damages and Yelena has not waived her privacy as to these records.

Given the foregoing, the motion to quash is GRANTED.

Yelena’s request for sanctions (CCP §1987.2(a) is GRANTED in the amount of $540 (3 hrs x $160/hr + $60 filing fee) against Defendants and their counsel. The sanction shall be paid by no later than October 19, 2018. If the sanction is not paid by such date, then Plaintiff may lodge for the court’s signature a formal order awarding sanctions, which may be enforced as a separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.