Judge: Mark E. Windham, Case: 22STLC03999, Date: 2022-12-21 Tentative Ruling
Case Number: 22STLC03999 Hearing Date: December 21, 2022 Dept: 26
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 Motion came for hearing on December 6, 2022
and was continued to December 21, 2022. (Minute Order, 12/06/22.)
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.