Judge: Ronald F. Frazier, Case: 37-2021-00013887-CU-PA-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2021-00013887-CU-PA-CTL BOYAJIAN VS KHALIQ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/09/2023

Defendant Delphinus Engineering, Inc.'s Motion to Compel Plaintiff's Authorization for Release of Department of Navy Medical Records is DENIED. (ROA 52.) Defendant seeks a court order compelling Plaintiff to sign an authorization to release his medical records from the Department of the Navy. The court is not persuaded it has the authority to do so. The court has reviewed Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, Coats v. K-Mart Corp.

(1989) 215 Cal.App.3d 961, and Little v. Superior Court (1968) 260 Cal.App.2d 311, as cited by Defendant, but finds these cases do not support such a conclusion.

On reply, Defendant notes Code of Civil Procedure section 2031.010, which permits discovery of documents 'in the possession, custody, or control of any other party to the action.' (Code Civ. Proc. § 2031.010(a).) However, no requests for production were properly put at issue in this motion.

Plaintiff's sanctions request is denied. (Code Civ. Proc. § 2023.010(b), (h).) Calendar No.: Event ID:  TENTATIVE RULINGS

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