Legal Opinion

Sehlmeyer v. Department of General Services

California Court of Appeal

Decided August 9, 1993No. B066001PublishedCited by 14 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

VOGEL (Miriam A.), J.

We hold in this case that an administrative subpoena duces tecum issued to obtain a third party witness’s personal records must be preceded by notice to the witness.

Facts

Ellen Sehlmeyer complained to the Board of Psychology of the State of California about Craig Stempf, a licensed clinical psychologist. The board initiated disciplinary action against Stempf and a hearing was set before an administrative law judge (acting under the auspices of the Department of General Services of the State of California). In anticipation of the hearing, Stempf served 17 or more…

2Cases cited8 opinions

  1. Greyhound Corp. v. Superior CourtCalifornia Supreme Court · 1961
  2. Valley Bank of Nevada v. Superior CourtCalifornia Supreme Court · 1975
  3. Board of Medical Quality Assurance v. GherardiniCalifornia Court of Appeal · 1979
  4. Webster v. Board of Dental ExaminersCalifornia Supreme Court · 1941
  5. People v. ReberCalifornia Court of Appeal · 1986

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3Cited by14 opinions

  1. Lantz v. Superior CourtCalifornia Court of Appeal · 1994
  2. Gilbert v. City of San JoseCalifornia Court of Appeal · 2003
  3. Reis v. Biggs Unified School DistrictCalifornia Court of Appeal · 2005
  4. Whitney v. MontegutCalifornia Court of Appeal · 2014
  5. City of Woodlake v. Tulare County Grand JuryCalifornia Court of Appeal · 2011

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