Judge: Mark E. Windham, Case: 22STLC03999, Date: 2022-12-06 Tentative Ruling

Case Number: 22STLC03999    Hearing Date: December 6, 2022    Dept: 26

Siamizade, et al. v. Meier, M.D., et al.


MOTION TO SET OSC TO PRODUCE RECORDS AND ISSUE SANCTIONS

(Cal. Evid. Code § 1158)

TENTATIVE RULING:

Plaintiff Mahmud Reza Siamizade Motion for Order to Set Order to Show Cause to Produce Records and Issue Sanctions is PLACED OFF CALENDAR.

BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF 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 June 15, 2022, Plaintiff Mahmud Reza Siamizade, individually, and as representative of the Estate of Mahzar Sedghi (“Plaintiff”) filed the instant action for failure to provide medical records against Respondent Steven Meier, M.D. and Meier Orthopedic Sports Medicine (“Defendants”). Plaintiff’s ex parte application to set an Order to Show Cause for Production of Medical Records was denied on July 1, 2022. Plaintiff filed the instant Motion to Set Order to Show Cause to Produce Records and Issue Sanctions on August 11, 2022. This was prior to service of the Summons and Complaint on Defendants, which was effectuated on September 11, 2022. (See Proofs of Service, filed 09/29/22.) Defendants filed a Demurrer to the Complaint on November 21, 2022.

The Complaint is brought to enforce access to medical records pursuant to Evidence Code section 1158. However, as a limited jurisdiction court, this Court has no authority to enforce a Petition of this nature. (See Code Civ. Proc., §§ 85, 86.) Based on the relief sought in the Complaint, 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.