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C.B. v. SABALOS EX REL. COUNTY OF PIMA

Nos. 2 CA-SA 00-0048, 2 CA-SA 00-0049, 2 CA-SA 00-0053.

7 P.3d 124 (2000)

198 Ariz. 115

C.B., Patient "1," Patient "2," Patient "3," Patient "4," non-party patients, Petitioners, v. Hon. Charles SABALOS, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF PIMA, Respondent, and Jane Roe, an individual woman; Sandra Mattson, Ph.D., a single woman; Donald Garland, M.D., and Dawn Garland, husband and wife; Wesley McEldon, a single man; Edward Gentile and Deborah Gentile, husband and wife; Hospital Corporation of America dba Sonora Desert Hospital; and Charter Hospital Of Tucson, Inc., an Arizona corporation, Real Parties in Interest. Donald Garland, M.D., and Dawn Garland, husband and wife, Petitioners, v. Hon. Charles Sabalos, Judge of the Superior Court of the State of Arizona, In and For the County of Pima, Respondent, Jane Roe, an individual woman; Sandra Mattson, Ph.D., a single woman; Wesley McEldon, a single man; Edward Gentile and Deborah Gentile, husband and wife; Hospital Corporation of America dba Sonora Desert Hospital; and Charter Hospital of Tucson, Inc., an Arizona corporation, Real Parties in Interest. Sandra Mattson, Ph.D., a single woman, Petitioner, v. Hon. Charles Sabalos, Judge of the Superior Court of the State of Arizona, In and For the County of Pima, Respondent, and Jane Roe, an individual woman; Donald Garland, M.D., and Dawn Garland, husband and wife; Wesley McEldon, a single man; Edward Gentile and Deborah Gentile, husband and wife; Hospital Corporation of America dba Sonora Desert Hospital; and Charter Hospital Of Tucson, Inc., an Arizona corporation, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department B.

June 13, 2000.

Attorney(s) appearing for the Case

Arizona Center for Disability Law By Leslie J. Cohen and Dena Rosen Epstein, Phoenix, Attorneys for Petitioners Non-Party Patients.

Chandler, Tullar, Udall & Redhair By Peter Akmajian and Dev K. Sethi, Tucson, Attorneys for Petitioners Garland.

Renaud, Cook & Drury, P.A. By William W. Drury, Jr., and Carol Romano, Phoenix, Attorneys for Petitioner Mattson.

Lynne M. Cadigan and Kim E. Williamson, Tucson, Attorneys for Real Party in Interest Jane Roe.

Law Offices of Arnold and Polk, P.C. By Charles Arnold, Jay Polk, and John H. Barron III, Phoenix, Attorneys for Amici Curiae AzCLU, Mental Health Association of Arizona, and the Arizona Alliance for the Mentally Ill.

OPINION

ESPINOSA, Chief Judge.

¶ 1 Petitioners in these three consolidated special actions challenge the respondent judge's order compelling disclosure of redacted mental health records of certain non-party patients in the underlying medical malpractice action. The plaintiff in that action claims she was negligently diagnosed as suffering from multiple personality disorder and falsely led to believe that she had been a victim of satanic or ritual...

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