Judge: Mark E. Windham, Case: 22STCP03928, Date: 2023-03-07 Tentative Ruling

Case Number: 22STCP03928    Hearing Date: March 7, 2023    Dept: 26

Castillo, Jr. v. West Covina Healthcare Center, et al.

PETITION TO ENFORCE ACCESS TO MEDICAL RECORDS

(Cal. Evid. Code § 1158)

TENTATIVE RULING:

Petitioner Desiderio Castillo, Jr.’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.

ANALYSIS:

On November 1, 2022, Petitioner Desiderio Castillo, Jr. (“Petitioner”) filed the instant Petition to Enforce Access to Medical Records against Respondent West Covina Healthcare Center (“Respondent”). No response to the Petition has been filed to date.

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. Petitioner is to pay the reclassification fee within ten days of this order.

Court clerk to give notice.