MICHELLE JOHNSTON VS. KOMODO HEALTH, INC. ET AL

Set for Law and Motion/Discovery on Thursday, June 12, 2025 Line 6, DEFENDANT KOMODO HEALTH, INC.'s Renewed Motion To Compel Plaintiff To Execute Authorization To Release Mental Health Records And Request For Monetaray Sanctions.

Defendant Komodo Health, Inc.'s renewed motion to compel plaintiff Michelle Johnston to execute an authorization to release mental health records and for monetary sanctions is granted as to the motion to compel and granted in part as to monetary sanctions. If she has not already done so, plaintiff must execute and send the release to defendant's counsel no later than June 16. Plaintiff and her counsel must pay $2,400 in monetary sanctions to defendant no later than June 30.

Though not expressly provided for in the discovery statutes, this motion is permitted by California law. If she had done so on a timely basis, it would have been reasonable for plaintiff to have a first look at her mental health records and then decide whether to produce them or refrain from doing so and disclaim seeking any emotional distress damages beyond the "garden variety" and not seek any economic damages for mental health professionals. Yet plaintiff's did not act timely and repudiated her agreement which led to the taking the first motion off calendar, delays in the case, and unnecessary incurrence of expense by defendant.

Because plaintiff acted without substantial justification, defendant is entitled to sanctions, yet defendant's request is excessive. The court determines that a reasonable sanctions award is $2,400 to compensate defendant for six hours at her counsel's billing rate of $400 per hour.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.