Case Number: BC619135 Hearing Date: January 07, 2019 Dept: O

Plaintiffs Austin Reilly, Owen Reilly and Christie Reilly’s (“Plaintiffs”) motion to quash deposition subpoenas for production of business records is MOOT as to Items 1-13, and DENIED as to Item 14 as it relates to the amended subpoena. The Covina Police Department is ordered to comply with the amended subpoena.

Plaintiffs move to quash the subpoenas for production of business records per Code of Civil Procedure Section 1987.1.

If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b) [such as a party or witness], or upon the court’s own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands.

(CCP § 1987.1.)

The subpoenas were directed to the following entities:

Foothill Presbyterian Hospital

Hollywood Presbyterian Hospital

San Antonio Regional Hospital

Hill Medical Corp.

Integrative Urgent Care

Citrus College

Blue Shield of California

Nutrition 4 Less

LA County USC Medical Center

Congress Orthopaedic Associates

The Neurology Group-Pomona

United Family Physicians

Fitness International, LLC

Covina Police Department

With regard to Items 1 – 13, defendant Foothill Pizza, Inc. (“defendant”) advises in its Opposition that the issues have been resolved through the meet and confer efforts of both counsel. (See Declaration of Lauren A. R. Lofton (“Lofton Decl.”) ¶ 8.)

Attorney Jones confirmed via email that the issues have been resolved. (See Lofton Decl., Exhibit 2.)

As to Item 14, on December 5, 2018, defendant agreed to withdraw the subpoena to the Covina Police Department. (See Lofton Decl. ¶ 9.)

On December 6, 2018, defendant issued an amended subpoena to the Covina Police Department, seeking all reports, complaints, arrests, convictions, pleas, DUI records, and violations concerning any assault and battery” by Austin Reilly from June 25, 2013 and January 3, 2016.

The Court finds defendant has established good cause for the discovery. Plaintiff Austin Reilly was six months shy of the legal drinking age on the night of the incident and was drinking. The surveillance video of the incident showed plaintiff Austin Reilly kicking and punching defendant Michael Parker. (See Lofton Decl. ¶ 12, Exhibit 6.)

Plaintiff Austin Reilly’s contributory negligence is directly relevant to the facts in this case, and there is no privacy right in plaintiff Austin Reilly’s arrests and criminal convictions, if any.

Admissibility at trial is not required to order compliance. Rather, the test is whether the information sought might reasonably lead to other evidence that would be admissible. (CCP § 2017.010; see Davies v. Sup.Ct. (1984) 36 Cal.3d 291, 301.) The “relevan[ce] to the subject matter” and “reasonably calculated to lead to discovery of admissible evidence” standards are applied liberally. Any doubt is generally resolved in favor of permitting discovery, particularly where the precise issues in the case are not yet clearly established. (Colonial Life & Acc. Ins. Co. v. Sup.Ct. (1982) 31 Cal.3d 790, fns. 6-8.)

Accordingly, the motion is MOOT as to Items 1-13, and DENIED as to Item 14 as it relates to the amended subpoena. The Covina Police Department is ordered to comply with the amended subpoena.