Lantz v. Superior Court

Opinion

ARDAIZ, P. J.

Section 1985.3 of the Code of Civil Procedure provides a procedural mechanism designed to give notice to a “consumer” when the consumer’s “personal records” are being subpoenaed by a “subpoenaing party.” In this case, we conclude that when a county is a defendant in a civil action alleging sexual harassment and seeks to subpoena personal records (here, medical records) of the plaintifftconsumer, the county is a “subpoenaing party” as that term is defined in subdivision (a)(3) of the statute and must therefore give notice to the consumer in the manner prescribed by the…