2012-00132835-CU-PO
Faith Saunders vs. Sacramento Country Day School
Nature of Proceeding:
Filed By:
Motion to Compel Responses to Deposition
Knudtson, Gigi M.

Defendants’ Motion to Compel Non-Party Regina Meisch, L.A.C. to Provide
Documents in Response to a Subpoena Duces Tecum is unopposed and is
GRANTED. Code Civil Procedure sections 2020.010, 2020.410(d). The request for
imposition of sanctions is DENIED.

No monetary sanctions are imposed for the motion to compel production of
documents. Although California Rules of Court, Rule 3.1030(c) purports to authorize
sanctions if the motion is unopposed, the Court declines to do so, as the specific
statutes governing this discovery authorize sanctions only if the motion was
unsuccessfully made or opposed. Any order imposing sanctions under the C.R.C.
must conform to the conditions of one or more of the statutes authorizing sanctions.
Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4th 352,
355. However, repeated conduct of failing to comply with discovery obligations may
lead the Court to find an abuse of the discovery process and award sanctions on that
basis. Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal. App. 3d
481. As the action involves claims for personal injuries, as the result of an alleged assault
on the plaintiff, the documents sought from her acupuncturist are directly relevant and
any right to privacy in her relevant medical records has been waived, by putting
plaintiff’s injuries at-issue in this action.

The Subpoena duces tecum was served on Dr. Meisch on October 8, 2013, requesting
production of her original records on Oct. 21, 2013. No objection was served or
documents produced.

Regina Meisch, L.A.C. shall provide counsel for the defendants with all documents
responsive to the subpoena in her possession, custody or control, not later than
Monday, March 17, 2014 at the address set forth on the subpoena.

This minute order is effective immediately. No formal order nor further notice is
required, the tentative ruling providing sufficient notice, except that moving party shall
provide notice of this order to the third party Regina Meisch, L.A.C. forthwith.