Judge: Katherine Chilton, Case: 22STCP02902, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCP02902     Hearing Date: December 8, 2022    Dept: 25

PROCEEDINGS:      PETITION TO ENFORCE ACCESS TO MEDICAL RECORDS AND REQUEST FOR ATTORNEY’S FEES AND COSTS

MOVING PARTY:   Petitioner Erica Bailey

RESP. PARTY:         None

PETITION TO ENFORCE ACCESS TO MEDICAL RECORDS;

REQUEST FOR ATTORNEY’S FEES AND COSTS

(Ev. Code, § 1158)

TENTATIVE RULING:

The Petition to Enforce Access to Medical Records and Request for Attorney’s Fees and Costs is PLACED OFF CALENDAR.  The matter is also TRANSFERRED to the reclassification desk for evaluation and reassignment.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of December 5, 2022                        [   ] Late                      [X] None

REPLY:                     None filed as of December 5, 2022                        [   ] Late                      [X] None

ANALYSIS:

I.                Background & Discussion

Petitioner Erica Bailey (“Petitioner”) filed the instant Petition to Enforce Access to Medical Records and Request for Attorney’s Fees and Costs (the “Petition”) on August 4, 2022.  The Petition seeks to enforce the right of Petitioner to inspect and copy patient records pursuant to Evidence Code § 1158.

The relief sought, however, does not fall within the type of relief a limited jurisdiction court, such as this one, may grant. (Code Civ. Proc., §§ 85, 86.)

Accordingly, the Petition is PLACED OFF CALENDAR and the matter is TRANSFERRED.

II.              Conclusion & Order

For the foregoing reasons, the Petition to Enforce Access to Medical Records and Request for Attorney’s Fees and Costs is PLACED OFF CALENDAR.  The matter is also TRANSFERRED to the reclassification desk for evaluation and reassignment.