Judge: Daniel M. Crowley, Case: 22STCP01566, Date: 2023-10-19 Tentative Ruling

Case Number: 22STCP01566    Hearing Date: October 20, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Petitioner Blue Hill Specialty Insurance Company’s unopposed motion to compel Non-party Arash Yaghoobian, M.D., to release medical records of Respondent Kian Rad is granted.  Dr. Yaghoobian is to produce the medical records within twenty days of this ruling.

Petitioner Blue Hill Specialty Insurance Company (“Blue Hill”) (“Petitioner”) moves unopposed for this Court to compel Non-party Arash Yaghoobian, M.D., to release Respondent Kian Rad’s (“Rad”) (“Respondent”) medical records and medical billing records pursuant to the Deposition Subpoena for Production of Business Records personally served on January 9, 2023.  (Notice of Motion, pgs. 1-2; C.C.P. §§1985.3, 2020.410; Civ. Code §56.10.)

Background

          This matter arises out a two-vehicle accident (“Incident”), which allegedly occurred on or about April 15, 2021, at approximately 11:00 p.m. on Willis Avenue and Lanark Street in Panorama City, California.  Respondent, an Uber driver at the time of the Incident, was driving his 2014 Nissan Versa.  Respondent, who had an unidentified passenger with him, was stopped at a stop sign when an unidentified third party hit his vehicle from behind. The third-party driver then drove away fleeing the scene after rear-ending Respondent’s vehicle.  Respondent does not recall the destination of the Uber passenger, although he picked the passenger up on Roscoe Blvd., in Northridge and was heading towards Natick Avenue in Panorama City.  As a result of the Incident, Respondent alleges several physical injuries.  Respondent is making an uninsured motorist benefits claim from Petitioner due to the at-fault vehicle fleeing the scene and not being identified.

As part of its investigation into Respondent’s claims and alleged injuries, Petitioner propounded Judicial Council Form Interrogatories (Set One) No. 6.3 to Respondent.  In his Verified Responses, Respondent stated that he was suffering from back pain.  (Decl. of Ross ¶3, Exh. A.)  In his response to Petitioner’s Supplemental Interrogatories (Set One), Respondent stated in his supplemental response to Form Interrogatory No. 6.4 that he was being treated by Dr. Arash Yaghoobian, M.D.  (Decl. of Ross ¶4, Exh. B.)  Respondent also testified during his sworn deposition that he sought medical treatment from Dr. Yaghoobian, for his lower back pain, and took another MRI.  (Decl. of Ross ¶3, Exh. C at 86:18-89:25.)  Dr. Yaghoobian was to produce the requisite documents on January 25, 2023.  (Decl. of Ross ¶11.)  Respondent made no objection to this Deposition Subpoena.  (Decl. of Ross ¶11.)  Dr. Yaghoobian has refused and continues to refuse to comply with the Deposition Subpoena.  (Decl. of Ross ¶11.)

On or about April 28, 2022, Petitioner filed its Petition.  On July 19, 2022, Blue Hill filed a dismissal of the entire action, without prejudice, due to

the mistake, inadvertence, surprise of Defense Counsel for Blue Hill.  On October 19, 2023, this Court granted Petitioner’s motion to vacate dismissal.

Petitioner filed the instant motion on September 21, 2023.  As of the date of this hearing no opposition has been filed.

Motion to Compel

Civil Code §56.10(b) states in relevant part:

(b) A provider of health care, a health care service plan, or a contractor shall disclose medical information if the disclosure is compelled by any of the following:

(1)   A court order

. . .

(3) By a party to a proceeding before a court or administrative agency pursuant to a subpoena, subpoena duces tecum, notice to appear served pursuant to Section 1987 of the Code of Civil Procedure, or any provision authorizing discovery in a proceeding before a court or administrative agency.

(Civ. Code §§56.10(b)(1), (3).)

Moreover, HIPAA itself authorizes the production of medical records upon a court order from a state. 45 C.F.R. §164.512(e)(1)(i) states in relevant part:

(e) Standard: Disclosures for judicial and administrative proceedings:

(1) Permitted disclosures. A covered entity may disclose protected health information in the course of any judicial or administrative proceeding:

(i) In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order…

(45 C.F.R. §164.512(e)(1)(i).)

Further, C.C.P. §1987.1 states in relevant part:

(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), . . . or directing compliance with it upon those terms or conditions as the court shall declare . . ..

(C.C.P. §1987.1(a).)

          Here, Respondent’s medical and medical billing records from Dr. Yaghoobian are discoverable by an order of this Court and Petitioner has the right to bring the instant motion.

Conclusion

Petitioner’s unopposed motion to compel Dr. Yaghoobian to produce the requested medical records without objection is granted.  Dr. Yaghoobian is to produce the records within twenty days of this ruling.

Moving Party is to give notice of this ruling.

Dated:  October _____, 2023