MICHAEL SPEED VS. UBER TECHNOLOGIES, INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Monday, June 02, 2025, line 10, PLAINTIFF MICHAEL SPEED'S MOTION TO QUASH SUBPOENAS

Plaintiff's motion to quash is granted. Although personal injury plaintiffs implicitly waive their right to privacy, the waiver is not unlimited. (Davis v. Superior Ct. (1992) 7 Cal.App.4th 1008, 1014 [holding that an implicit waiver of the right of privacy will encompass discovery "directly relevant" to the plaintiff's claims].) "[P]laintiffs . . . may not withhold information which relates to any physical or mental condition which they have put in issue by bringing th[e] lawsuit." (Britt v. Superior Ct. (1978) 20 Cal.3d 844, 864.)

Here, Defendant's subpoenas are clearly over broad as they seek "any and all" documents regarding Plaintiff's health information, billings, and employment with no time limitation.

Defendant did not meet and confer in good faith. In a good faith effort to meet and confer with Defendant, Plaintiff sent e-mails on March 14 and 18 of 2025, to which Defendant failed to reply. (Fletcher Decl., par. 2.) Rather, after Plaintiff filed this motion on March 20, 2025, Defendant agreed to circumscribe its demands to relevant body parts and enter into a first look agreement. Defendant's efforts came too late. (CCP 1985.3(g); 1985.6(f)(4).)

The court does not find Defendant acted with substantial justification. Defendant to pay to Plaintiff $1,800 in sanctions within 10 days of service of notice of entry of order. (CCP 1987.2.) If either party issues future subpoenas, the court suggests the parties actually meet and confer in good faith (including stipulating to a First Look Agreement) prior to coming to court.

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.