Judge: Robert C. Longstreth, Case: 37-2022-00031016-CU-PO-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00031016-CU-PO-CTL DOE VS SWEETWATER UNION HIGH SCHOOL DISTRICT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 07/31/2023

Defendant Sweetwater Union High School District's unopposed Motion for Order Compelling Production of Plaintiff's Medical and Mental Health Records from Open Mind Health (ROA 58) is DENIED.

Defendant seeks production of Plaintiff's medical and mental health records from a non-party, Open Mind Health. Defendant has not cited legal authority sufficient for the court to conclude that it may order a non-party to the lawsuit to produce records to Defendant in the absence of a subpoena, and the court is unaware of any such authority. As a general rule, mailing motion papers to a non-party is insufficient to bring that party under the jurisdiction of the court. Defendant also cites Welfare and Institutions Code section 5328 for the proposition that it is unable to serve a subpoena on Open Mind Health. Defendant has not provided the court with an analysis of the statute, and the court reads it to govern the confidentiality of records, not the procedure for obtaining records as to which a claim of confidentiality is made or as to which an insufficient authorization has been executed.

Once confirmed, this ruling shall be the final ruling of the court and no further order is required.

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