Owens

Owens v. Fluz Fluz LLC, a Delaware limited liability company

Good Law
United States District Court, Northern District of CaliforniaApril 8, 20253:24-cv-01083California550 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RYAN OWENS, Case No. 24-cv-01083-MMC (TSH)

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. Nos. 37, 38 FLUZ FLUZ LLC, Defendant.

12 In ECF No. 34, the Court explained that it would conduct an in camera review of the redactions to Plaintiff’s medical records to determine if they were consistent with the patient litigation exception to the physician-patient and psychotherapist-patient privileges. The Court has now undertaken that review. The Court gives no weight to Dr. Amyanne Freeburg’s opinion that “[p]sychological evaluations consider the totality of the person” (ECF No 38-1 ¶ 7) because even if that is true as a medical matter, the patient litigation exception is not that broad as a legal matter. See In re Lifeschutz, 2 Cal. 3d 415, 435 (1970) (“Disclosure cannot be compelled with respect to other aspects of the patient-litigant’s personality even though they may, in some sense, be ‘relevant’ to the substantive issues of litigation. The…

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