HEDA v. SUPERIOR COURT

Docket No. A050282.

225 Cal.App.3d 525 (1990)

275 Cal. Rptr. 136

BURTON HEDA, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; GLADYS DAVIS, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

November 21, 1990.


Attorney(s) appearing for the Case

COUNSEL

Sturgeon, Keller & Phillips, William B. Sturgeon and Brock D. Phillips for Petitioner.

No appearance for Respondent.

David J. Millstein, J.M. Bielan and Kim A. D'Innocente for Real Party in Interest.


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...

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