Cynthia Grella vs. R.A. Lotter Insurance Marketing, Inc.

Motion to Quash

Cal. Super. - 4th Dist.July 29, 2015

O O 0 ~ ~ O N w n R s W N = N O N O N N N D N N O N O N m m o m m m m m e m e m m m e m e d c e ~ ~ A N p A W N = D W v e N N R E W I N D R D AEGIS LAW FIRM, PC SAMUEL A. WONG,State Bar No. 217104 | FAWN F. BEKAM,State Bar No. 307312 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 swong@aegislawfirm.com fbekam@aegislawfirm.com Attorneys for Plaintiff CYNTHIA GRELLA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CYNTHIA GRELLA,an individual, Plaintiff, VS. R.A. LOTTER INSURANCE MARKETING, INC., a California corporation; and DOES 1 through 20 inclusive, Defendants. CASE NO.: 30-2015-00801641-CU-WT-CJC ASSIGNED FOR ALL PURPOSES TO: HoN. DEBORAH SERVINO, DEPT. C21 NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEFENDANT'S MEDICAL RECORDS SUBPOENAS [Memorandum of Points and Authorities; Declaration of Fawn F. Bekam; Separate Statement ofItems in Dispute; and [Proposed] Order, filed concurrently herewith] Hearing Date: December 8, 2017 Hearing Time: 10:00 a.m. Reservation No.: 72682497 Complaint Filed: July 29,2015 Trial Date: May 7, 2018 NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEFENDANT'S MEDICAT. RECORDS SITRPOENAS © 0 0 ~ 1 & W m B A O W O N m m D D D N D N N N N N N N = m m e e e m m m e d j d p m 0 1 O N W n R W N = D O D N N R W N R TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on December 8, 2017 at 10:00 a.m. in Department C21 of the above-entitled Court, located at 700 Civic Center Drive West, Santa Ana, CA 92701, Plaintiff Cynthia Grella (“Plaintiff”) will and hereby does move to quash, or in the alternative modify, the five identical medical records subpoenas to James Kurtzman, MD, Newport Beach Women’s Wellness Center, Hoag Memorial Hospital, Hoag Memorial Hospital - Billing, and Hoag Memorial Hospital, Newport Beach (Films) issued by Defendant R.A. Lotter Insurance Marketing, Inc. (“Defendant”). This Motion is made pursuant to California Code of Civil Procedure §§ 1985.3(g), 1985.6(f) and 1987.1 and California Constitution, Art. I, § 1 on the grounds that there is good cause for the issuance of said order in that the subpoenas are overbroad, seek highly private documents without substantial justification or balancing and seek primarily documents neither relevant to nor admissible in this lawsuit without substantial justification. PLEASE TAKE FURTHER NOTICE that Plaintiff seeks monetary sanctions in the amount of $2,925.00 against Defendant and its attorneys of record, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, jointly and severally, under California Code of Civil Procedure §§ 1987.2(a) and 2023.010 on the grounds that Defendant and its counsel have engaged in bad faith litigation tactics and misused the discovery process by employing a discovery device in an oppressive, harassing, and unduly oppressive manner. The Motion is based on this Notice ofMotion and Motion, the accompanying Memorandum ofPoints and Authorities, the accompanying declaration ofFawn F. Bekam and all exhibits attached thereto, the Separate Statement of Items in Dispute filed concurrently herewith, all pleadings and paperson file in this action, and such additional argument and documents as the Court may allow at the hearing of this matter. nn I" 1 1 De NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEFENDANT’S MEDICAT. RECORDS SUURPOENAS O o C 0 3 N N n n B R A W N N N N D R N O N N N N N O N O N e m m m b m m m m m e d m m e m 0 3 O N W h A W N = O N O N N R W Dated: October 18, 2017 B y vd Attorneys for PlaintiffCYNTHIA GRELLA 3- AEGIS LAW FIRM,PC <3 Samuel A. Wong Fawn F. Bekam NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEFENDANT'S MEDICAT. RECORDS STTRPOENAS o O 0 0 N N n n B R W N N O N N N N N N N Rm s e e m e e m e s e m e m e m m e s 0 1 ] A N B R W N = D Y N S N R W m e CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On October 18, 2017, I served the foregoing documententitled: e NOTICE OF MOTION AND MOTION TO QUASH OR MODIFY DEFENDANT'S MEDICAL RECORDS SUBPOENAS on all the appearing and/or interested parties in this action by placing [| the original a true copy thereof enclosed in sealed envelope(s) addressed as follows: Diana M. Estrada WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 South Flower Street, Suite 2900 Los Angeles, CA 90071 Attorneysfor Defendant: R.A. Lotter Insurance Marketing, Inc. X (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) [1] (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) [1] (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) [] (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed R. Civ. Proc. 5(b)2)(A).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 18, 2017, at Irvine, Californja. Grethel Gonzalez CERTIFICATE OF SERVICE