Legal Opinion
Heda v. Superior Court
California Court of Appeal
Decided November 21, 1990No. A050282PublishedCited by 14 opinions
1Opinion of the Court
Opinion
STRANKMAN, J.
Petitioner, a defendant in a medical malpractice action (hereafter defendant), challenges an order requiring him to answer interrogatories about his doctors’ diagnoses and to furnish his health records to real party (the plaintiff below; hereafter plaintiff). Plaintiff needs the records to support a motion for trial preference based upon defendant’s ill health. (Code Civ. Proc., § 36, subd. (d).) We conclude that this need does not outweigh defendant’s interest in privacy.
Article I, section 1 of the California Constitution provides: “All people are by nature free and…
2Cases cited8 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Britt v. Superior CourtCalifornia Supreme Court · 1978
- Board of Medical Quality Assurance v. GherardiniCalifornia Court of Appeal · 1979
- Wilkinson v. Times Mirror Corp.California Court of Appeal · 1989
- Wood v. Superior CourtCalifornia Court of Appeal · 1985
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3Cited by14 opinions
- Pagano v. Oroville HospitalDistrict Court, E.D. California · 1993
- Chantiles v. Lake Forest II Master Homeowners Ass'nCalifornia Court of Appeal · 1995
- Lantz v. Superior CourtCalifornia Court of Appeal · 1994
- Bearman v. Superior CourtCalifornia Court of Appeal · 2004
- Davis v. Superior CourtCalifornia Court of Appeal · 1992
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