TRACY SIMERLEY ET AL VS. GOLDEN GATE HIGHWAY AND TRANSPORTATION DISTRICT ET AL

Matter on the LAW AND MOTION / DISCOVERY Calendar for Monday, Dec-01-2025, LINE 8. 1-PLAINTIFFS TRACY SIMERLEY, AND LYNETTE SIMERLEY's MOTION TO QUASH SUBPOENAS. (PART ONE OF TWO) Motion to quash/Denied. The California Constitution guarantees all Californians the right to privacy. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 16.) "The right to privacy, however, is not absolute. In appropriate circumstances, this right must be balanced against other important interests. [Citation.] 'On occasion [a party's] privacy interests may have to give way to [the] opponent's right to a fair trial.

Courts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery.' [Citation.]" (John B. v. Superior Court (2006) 38 Cal.4th 1177, 1199.) Here, defendant seeks the following documents from plaintiff's former employer (Foss Maritime Company, LLC).

1. Records showing dates worked 2. Payroll records 3. Applications for employment 4. Performance reviews or evaluations 5. Records reflecting any promotions or demotions 6. Disciplinary actions or notes of misconduct or rule violations 7. Records reflecting industrial training or education 8. Licenses or other credentials related to work in the maritime industry 9. Letters of reference or recommendation for Plaintiff Tracy Simerley.

10. Records reflecting reason for departure from employment 11. Records created and submitted by Plaintiff to Foss in the course and scope of his employment such as self-evaluations, requests for time off, requests for promotions, etc.

12. Physical fitness or fit-for-duty evaluations 13. Records demonstrating periods of not-fit-for-duty status or light-duty only status 14. Drug testing results or records of any refusal to drug test (as set forth in 46 CFR Part 16) 15. Any documents, such as company policies or safety meeting minutes, reflecting Plaintiff Tracy Simerley's training, education, or understanding that a mariner should not ever place his body between a vessel and a fixed object, such as the dock 16. Accident files or incident reports related to any industrial injuries to Plaintiff Tracy Simerley. END OF PART ONE OF TWO. = (301/BZ) | |