2014-00171839-CU-OE

Howard Tsakuda vs. Emergency Medical Services Authority

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Heidarzadeh, Shayan

Defendants Berkeley Land Company and B&Z Properties, Inc.’s (“Defendants”) motion to compel plaintiff Howard Tsakuda (“Plaintiff”) to provide responses to Defendants’ special interrogatories, set one, and HIPAA medical release authorizations is UNOPPOSED and is GRANTED.

Plaintiff shall provide verified responses, without objections, to the special interrogatories and signed HIPAA medical release authorizations no later than December 10, 2018. A plaintiff may be compelled by court order to authorize the release of medical records. (See Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 929.)

Sanctions are denied because the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC must conform to the conditions of one or more of the statutes authorizing sanctions. ( Trans-Action Commercial Investors, Ltd. v Firmaterr Inc. (1997) 60 Cal.App.4th 352, 355.) However, repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal. App. 3d 481.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.