Judge: Mark E. Windham, Case: 22STCP02846, Date: 2022-12-05 Tentative Ruling

Case Number: 22STCP02846    Hearing Date: December 5, 2022    Dept: 26

Valenzuela v. Facey Medical Group, et al.

PETITION TO ENFORCE ACCESS TO MEDICAL RECORDS

(Cal. Evid. Code § 1158)

TENTATIVE RULING:

Petitioner Alyssa Valenzuela’s Petition to Enforce Access to Medical Records is PLACED OFF CALENDAR.

BASED ON THE RELIEF SOUGHT IN THE PETITION, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PETITIONER IS TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

ALL HEARING DATES IN THIS DEPARTMENT ARE VACATED AND ARE TO BE RESCHEDULED IN THE NEW DEPARTMENT.

ANALYSIS:

On August 1, 2022, Petitioner Alyssa Valenzuela (“Petitioner”) filed the instant Petition to Enforce Access to Medical Records against Respondent Facey Medical Group (“Respondent”). Respondent filed an opposition declaration on November 21, 2022.

The Petition is brought to enforce a enforce access to medical records pursuant to Evidence Code section 1158. However, as a limited jurisdiction court, Department 26 in the Spring Street Courthouse has no authority to enforce a Petition of this nature. (See Code Civ. Proc., §§ 85, 86.) Based on the relief sought in the Petition, this action was incorrectly assigned to the limited jurisdiction court. Therefore, this case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for reassignment to an Independent Calendar Court.

Court clerk to give notice.