Judge: Jon R. Takasugi, Case: 22STLC03999, Date: 2023-12-08 Tentative Ruling

Case Number: 22STLC03999    Hearing Date: December 8, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND.

On 6/15/20223, Plaintiff Mahmud Reza Siamizade (Plaintiff) filed suit against Steven Meier, M.D. and Meier Orthopedic Sports Medicine, alleging: (1) failure to provide medical records of Mahzar Sedghi to Plaintiffs; and (2) failure to provide medical records of Mahzar Sedghi to Plaintiff’s attorney or agent pursuant to Evidence Code section 1158.

Now, Defendant demurs to Plaintiff’s Complaint.

Discussion

            Defendant argues that Plaintiff’s claims are not based on recognized causes of actions, and even if they are, Plaintiff has not alleged sufficient facts to state a claim.

In determining whether a cause of action is sufficient, the Court looks to the gravamen of the Complaint, not the titles affixed to the claims. (See e.g. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4^th 336, 347.) Health and Safety Code section 123.110(b)(1) provides a patient or patient's personal representative with an entitlement to a paper or electronic copy of all or any portion of the patient records that he or she has a right to inspect.  As such, Plaintiff’s claims are based on alleged violations of statutory law, and the fact that the titles affixed to them are not recognized causes of action is not fatal to Plaintiff’s Complaint. 

However, the Court agrees that Plaintiff has not alleged sufficient facts to support either claim.

            Health and Safety Code Section 123110 (b)(1) provides:

Additionally, any patient or patient's personal representative shall be entitled to a paper or electronic copy of all or any portion of the patient records that he or she has a right to inspect, upon presenting a request to the health care provider specifying the records to be copied, together with a fee to defray the costs of producing the copy or summary, as specified in subdivision (k). The health care provider shall ensure that the copies are transmitted within 15 days after receiving the request.

Health and Safety Code Section 123110 (k)(1) provides:

Except as provided in subdivision (d), a health care provider may impose a reasonable, cost-based fee for providing a paper or electronic copy or summary of patient records, provided the fee includes only the cost of the following:

(A) Labor for copying the patient records requested by the patient or patient's personal representative, whether in paper or electronic form.

(B) Supplies for creating the paper copy or electronic media if the patient or patient's personal representative requests that the electronic copy be provided on portable media.

(C) Postage, if the patient or patient's personal representative has requested the copy, or the summary or explanation, be mailed.

(D) Preparing an explanation or summary of the patient record, if agreed to by the patient or patient's personal representative.”

 (Health and Safety Code Section 123110 (b)(1) and (k)(1))

Here, Plaintiff does not allege any facts which indicate he tendered a fee, as required by Health and Safety Code Section 1231 Health and Safety Code Section 123110 (b)(1) and (k)(1).

Plaintiff will be afforded an opportunity to allege such facts.

Based on the foregoing, Defendant’s demurrer is sustained, with 15 days leave to amend.

It is so ordered.

Dated:  December    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.