Preview
1 Kimberly S. Oberrecht [C.S.B. No. 190794]
Elise M. Laughead [C.S.B. No. 313409]
2 Nicole M. Tanaka [C.S.B. No. 349219]
HORTON, OBERRECHT & KIRKPATRICK
3 101 W. Broadway, Suite 600
San Diego, California 92101
4 (619) 232-1183; Fax (619) 696-5719
Email: koberrecht@hortonfirm.com
5 elaughead@hortonfirm.com
6 Attorneys for Defendants, GRIMMWAY ENTERPRISES, INC. and NEREO PENALOZA
HERRERA
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF KERN
10 METROPOLITAN DIVISION
11 GONZALO RAMIREZ, ANTONIA PACHECO, ) CASE NO. BCV-22-100428
KEVIN RAMIREZ, LUZ RAMIREZ, LUCERO )
12 RAMIREZ, A MINOR, AND ADAN RAMIREZ A ) MEMORANDUM OF POINTS AND
MINOR, ) AUTHORITIES IN SUPPORT OF
13 ) DEFENDANTS' MOTION TO
Plaintiffs, ) COMPEL PLAINTIFF LUZ
14 ) RAMIREZ TO SIGN HIPAA
vs. ) AUTHORIZATION FORMS FOR
15 ) OUT OF STATE MEDICAL
GRIMMWAY ENTERPRISES, INC., ) RECORDS
16 GRIMMWAY FARMS, NEREO PENALOZA- )
HERRERA, AND DOES 1 TO 50, INCLUSIVE, ) Date: May 1, 2024
17 ) Time: 8:30 a.m.
Defendants. ) Division: H
18 ) Address: 1215 Truxtun Ave,
) Bakersfield, CA 93301
19 ) Judge: Hon. Bernard C.
) Barmann, Jr.
20 )
) Action Filed: February 18, 2022
21 ) Trial Date: December 2, 2024
22
23 Defendant GRIMMWAY ENTERPRISES, INC. And NEREO PENALOZA (hereinafter
24 “Defendants”) hereby submits the following Memorandum of Points and Authorities in support of
25 their Motion to Compel Plaintiff LUZ RAMIREZ, (hereinafter “Plaintiff Luz”) to sign HIPAA
26 Authorization Form (hereinafter “Authorization Form”) for out of state medical records from Health
27 for Life Chiropractic and Abolhassan Yamin, M.D. and Onyx Imaging located in Georgia. (Ex. “A”;
28 HIPPA Authorization)
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF
LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS
1
G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd
1 I.
2 INTRODUCTION
3 Plaintiff Luz filed her lawsuit against Defendants on February 18, 2022, for alleged injuries
4 arising out of an automobile accident that occurred on December 22, 2020, at the intersection of
5 Herring Road and Wheeler Ridge Road in the County of Kern. Plaintiff alleges injuries to her neck
6 and back as a result of the accident. (Ex. “B”; Plaintiff Luz’s responses to Defendant Torres Farm
7 Labor Contractor, Inc.’s and Grimmway Enterprises, Inc. Form and Special Interrogatories.)
8 Though Plaintiffs filed this lawsuit in California, they live in Georgia and sought all of their
9 medical treatment they contend was due to injuries from the subject accident in Georgia. In response
10 to Defendants’ Interrogatories, Plaintiff contends she treated at Health for Life Chiropractic and
11 Onyx Imaging located in Georgia for injuries arising from this accident. She also indicate her
12 primary care physician within the last five years is Abolhassan Yamin, M.D. In an attempt to obtain
13 the out of state records, Defendants requested Plaintiff Luz sign an Authorization for the records as
14 a California subpoena would hold no power in a different jurisdiction.
15 Defendants have attempted to obtain a signed Authorization Form from Plaintiff Luz since
16 July 21, 2023 so that the various aforementioned providers would release her records. To date,
17 Plaintiff Luz has avoided signing the Authorization Form. Defendants therefore bring the present
18 Motion to Compel Plaintiff Luz’s signature on the Authorization Form so that Defendants may
19 obtain her out of state medical records from Health for Life Chiropractic, Abolhassan Yamin, M.D.
20 and Onyx Imaging.
21 II.
22 MEET AND CONFER ATTEMPTS
23 A reasonable and good faith attempt was made by Defendants to have Plaintiff Luz sign the
24 Authorization and prevent the need for Court intervention. Plaintiff has continuously avoided
25 signing the Authorization Form. There is no way for Defendants to obtain Plaintiff Luz's out of state
26 records without the signed Authorization Form. Accordingly, Defendants had no choice but to seek
27 relief of court in the form of this Motion for an order compelling Plaintiff to sign the Authorization
28 Form for records to be produced from Health for Life Chiropractic, Abolhassan Yamin, M.D. and
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF
LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS
2
G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd
1 Onyx Imaging.
2 III.
3 THERE IS GOOD CAUSE FOR THE COURT TO GRANT DEFENDANTS' MOTION
REQUESTING A COURT ORDER REQUIRING
4 PLAINTIFF TO VALIDLY SIGN THE AUTHORIZATION FORMS
5 The documents requested from Health for Life Chiropractic, Dr. Yamin and Onyx Imaging
6 are relevant and discoverable. Defendants are entitled to obtain discovery regarding any matter that
7 is "relevant to the subject matter involved in the pending action." (CCP § 2017.010). Information
8 should be regarded as "relevant to the subject matter" if it might reasonably assist a party in
9 evaluating the case, preparing for trial, or facilitating settlement thereof. Gonzalez v. Sup.Ct. (City
10 of San Fernando) (1995) 33 Cal.App.4th 1539, 1546 (citing text); Lipton v. Sup.Ct. (Lawyers' Mut.
11 Ins. Co.) (1996) 48 Cal.App.4th 1599, 1611 (citing text); Stewart v. Colonial Western Agency, Inc.
12 (2001) 87 Cal.App.4th 1006, 1013 (citing text)). The "relevance to the subject matter" standard is
13 applied liberally. Any doubt is generally resolved in favor of permitting discovery, particularly where
14 the precise issues in the case are not yet clearly established. (Colonial Life & Acc. Ins. Co. v. Sup.Ct.
15 (Perry) (1982) 31 Cal.3d 785, 790, fns. 7-8).
16 The Court may direct compliance with a subpoena upon those terms and conditions the Court
17 shall declare. (C.C.P. § 1987.1(a)). This includes ordering a plaintiff to sign the authorizations for
18 release of his or her relevant records.
19 When a party refuses to sign an authorization, the court can issue an order compelling
20 plaintiff to sign it. See, e.g., Miranda v. 21st Century Insurance Co. (2004) 117 Cal.App.4th 913,
21 929-30 (affirming dismissal of action for failure to comply with court order compelling
22 Plaintiff to sign authorization and release of medical records). Indeed, courts in a variety of
23 settings have compelled parties to consent to a third party's disclosure of material where such consent
24 was a prerequisite to its production. O'Grady v. Superior Court (2006) 139 Cal.App.4th 1423, 1446
25 (citing Miranda).
26 Miranda involved an underlying auto accident wherein plaintiff was claiming personal
27 injuries including resulting cognitive impairments. Miranda, supra, 117 Cal.App.4th at p. 918. After
28 attempting to subpoena plaintiff's medical records, defendant was informed that a signed
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF
LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS
3
G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd
1 authorization was needed. Id. Voluntary attempts to have plaintiff sign the authorization was
2 unsuccessful. Id. Defendant then filed a Motion to Compel plaintiff to sign the authorization, which
3 was granted by the court. Id. at p. 919. After plaintiff continued to refuse to sign the authorization,
4 the court dismissed plaintiff's action which was affirmed by the Court of Appeal. Id. at p. 929.
5 Plaintiff Luz is claiming she sustained damages for past and ongoing medical care to her neck
6 and back. Plaintiff has treated for and may currently be receiving treatment from the above-
7 mentioned providers related to the injuries she alleges she sustained in the accident. Evidence
8 related to Plaintiff Luz's injuries stemming from the accident is critical for a meaningful analysis of
9 Plaintiff Luz's claims. Further, her pre accident medical records are relevant and discoverable to
10 determine whether Plaintiff had any prior complaints to the same areas of her body she contends
11 were injured in the accident. Unless Plaintiff validly signs the Authorization Form, Defendants will
12 have no way to fairly evaluate Plaintiff Luz's damages and injury claims and prepare a defense for
13 trial. Plaintiff has placed these injuries, and the related treatment, squarely at issue in this case by
14 suing Defendants and requesting an award of damage for them.
15 Plaintiff Luz's refusal, or at the very least avoidance, to sign the Authorization Forms
16 prevents Defendants from conducting necessary discovery, and delays the case. Plaintiff Luz is not
17 acting in good faith to work with Defendants and allow discovery to proceed. Instead, Plaintiff Luz
18 is creating unnecessary obstacles to delay the discovery of documents that Defendants are entitled
19 to and delaying a possible resolution of this matter.
20 The Court should compel Plaintiff to sign the requested authorization allowing Defendants
21 to obtain treatment records from Dr. Yamin, Health for Life Chiropractic, and Onyx Imaging going
22 back 10 years prior to the subject accident.
23 It is well established that the purpose of discovery is to "to assist the parties and the trier of
24 fact in ascertaining the truth; to encourage settlement by educating the parties as to the strengths of
25 their claims and defenses; to expedite and facilitate preparation and trial; to prevent delay; and to
26 safeguard against surprise." Beverly Hospital v. Superior Court (1993) 19 Cal.App.4th 1289, 1294.
27 From that primary purpose, it is implied that the Civil Discovery Act is meant to promote access to
28 useful information. Furthermore, the discovery act was created to prevent parties from gate-keeping
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF
LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS
4
G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd
1 access to documents that are relevant to the claims asserted in this action. Here, Plaintiff is claiming
2 injuries as a result of the subject incident. The treatment with Health for Life Chiropractic and Onyx
3 Imaging spans between at least January 11, 2021 and May 11, 2021. However, the medical records
4 produced reflect only a portion of the treatment provided. No records have been produced by
5 Plaintiff from Dr. Yamin. Obviously, the limited records are insufficient to fully evaluate Plaintiff’s
6 injury claims.
7 Defendants should not and do not have to rely on Plaintiff Luz's counsel for medical records.
8 At this juncture, Plaintiff’s counsel has produced only a portion of the medical records for the
9 various treatment providers. Plaintiff Luz has brought the instant action against Defendants and has
10 placed her medical care and allegations related to her subsequent damages at issue in this matter. All
11 of the documents from Health for Life Chiropractic, Dr. Yamin , and Onyx Imaging that require the
12 HIPAA authorizations are relevant and discoverable. Defendants are entitled to obtain them directly
13 from the provider. However, given the out of state nature of Plaintiff's records an authorization is
14 required.
15 This Court should therefore order Plaintiff to sign and return the necessary authorization. To
16 reject Defendant's right to use authorizations to obtain relevant treatment records would prejudice
17 Defendants at the time of trial due to the unequal access to information. Defendants respectfully
18 request this Court to Order Plaintiff Luz to sign the Authorization Form and return to defense
19 counsel within 10 days of this hearing.
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF
LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS
5
G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd
1 VI.
2 CONCLUSION
3 For the foregoing reasons, Defendants respectfully request this Court order Plaintiff Luz to
4 promptly sign the Authorization Forms to release her records from her out of state treatment
5 providers, Health for Life Chiropractic, Dr. Yamin and Onyx Imaging.
6
7 Dated: March 29, 2024 HORTON, OBERRECHT & KIRKPATRICK
8
9
Elise M. Laughead
10 Kimberly S. Oberrecht, Esq.
Elise M. Laughead, Esq.
11 Nicole M. Tanaka, Esq.
Attorneys for Defendants, GRIMMWAY ENTERPRISES,
12 INC. and NEREO PENALOZA HERRERA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF
LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS
6
G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd
Preview
1 Kimberly S. Oberrecht [C.S.B. No. 190794] Elise M. Laughead [C.S.B. No. 313409] 2 Nicole M. Tanaka [C.S.B. No. 349219] HORTON, OBERRECHT & KIRKPATRICK 3 101 W. Broadway, Suite 600 San Diego, California 92101 4 (619) 232-1183; Fax (619) 696-5719 Email: koberrecht@hortonfirm.com 5 elaughead@hortonfirm.com 6 Attorneys for Defendants, GRIMMWAY ENTERPRISES, INC. and NEREO PENALOZA HERRERA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 METROPOLITAN DIVISION 11 GONZALO RAMIREZ, ANTONIA PACHECO, ) CASE NO. BCV-22-100428 KEVIN RAMIREZ, LUZ RAMIREZ, LUCERO ) 12 RAMIREZ, A MINOR, AND ADAN RAMIREZ A ) MEMORANDUM OF POINTS AND MINOR, ) AUTHORITIES IN SUPPORT OF 13 ) DEFENDANTS' MOTION TO Plaintiffs, ) COMPEL PLAINTIFF LUZ 14 ) RAMIREZ TO SIGN HIPAA vs. ) AUTHORIZATION FORMS FOR 15 ) OUT OF STATE MEDICAL GRIMMWAY ENTERPRISES, INC., ) RECORDS 16 GRIMMWAY FARMS, NEREO PENALOZA- ) HERRERA, AND DOES 1 TO 50, INCLUSIVE, ) Date: May 1, 2024 17 ) Time: 8:30 a.m. Defendants. ) Division: H 18 ) Address: 1215 Truxtun Ave, ) Bakersfield, CA 93301 19 ) Judge: Hon. Bernard C. ) Barmann, Jr. 20 ) ) Action Filed: February 18, 2022 21 ) Trial Date: December 2, 2024 22 23 Defendant GRIMMWAY ENTERPRISES, INC. And NEREO PENALOZA (hereinafter 24 “Defendants”) hereby submits the following Memorandum of Points and Authorities in support of 25 their Motion to Compel Plaintiff LUZ RAMIREZ, (hereinafter “Plaintiff Luz”) to sign HIPAA 26 Authorization Form (hereinafter “Authorization Form”) for out of state medical records from Health 27 for Life Chiropractic and Abolhassan Yamin, M.D. and Onyx Imaging located in Georgia. (Ex. “A”; 28 HIPPA Authorization) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS 1 G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd 1 I. 2 INTRODUCTION 3 Plaintiff Luz filed her lawsuit against Defendants on February 18, 2022, for alleged injuries 4 arising out of an automobile accident that occurred on December 22, 2020, at the intersection of 5 Herring Road and Wheeler Ridge Road in the County of Kern. Plaintiff alleges injuries to her neck 6 and back as a result of the accident. (Ex. “B”; Plaintiff Luz’s responses to Defendant Torres Farm 7 Labor Contractor, Inc.’s and Grimmway Enterprises, Inc. Form and Special Interrogatories.) 8 Though Plaintiffs filed this lawsuit in California, they live in Georgia and sought all of their 9 medical treatment they contend was due to injuries from the subject accident in Georgia. In response 10 to Defendants’ Interrogatories, Plaintiff contends she treated at Health for Life Chiropractic and 11 Onyx Imaging located in Georgia for injuries arising from this accident. She also indicate her 12 primary care physician within the last five years is Abolhassan Yamin, M.D. In an attempt to obtain 13 the out of state records, Defendants requested Plaintiff Luz sign an Authorization for the records as 14 a California subpoena would hold no power in a different jurisdiction. 15 Defendants have attempted to obtain a signed Authorization Form from Plaintiff Luz since 16 July 21, 2023 so that the various aforementioned providers would release her records. To date, 17 Plaintiff Luz has avoided signing the Authorization Form. Defendants therefore bring the present 18 Motion to Compel Plaintiff Luz’s signature on the Authorization Form so that Defendants may 19 obtain her out of state medical records from Health for Life Chiropractic, Abolhassan Yamin, M.D. 20 and Onyx Imaging. 21 II. 22 MEET AND CONFER ATTEMPTS 23 A reasonable and good faith attempt was made by Defendants to have Plaintiff Luz sign the 24 Authorization and prevent the need for Court intervention. Plaintiff has continuously avoided 25 signing the Authorization Form. There is no way for Defendants to obtain Plaintiff Luz's out of state 26 records without the signed Authorization Form. Accordingly, Defendants had no choice but to seek 27 relief of court in the form of this Motion for an order compelling Plaintiff to sign the Authorization 28 Form for records to be produced from Health for Life Chiropractic, Abolhassan Yamin, M.D. and MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS 2 G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd 1 Onyx Imaging. 2 III. 3 THERE IS GOOD CAUSE FOR THE COURT TO GRANT DEFENDANTS' MOTION REQUESTING A COURT ORDER REQUIRING 4 PLAINTIFF TO VALIDLY SIGN THE AUTHORIZATION FORMS 5 The documents requested from Health for Life Chiropractic, Dr. Yamin and Onyx Imaging 6 are relevant and discoverable. Defendants are entitled to obtain discovery regarding any matter that 7 is "relevant to the subject matter involved in the pending action." (CCP § 2017.010). Information 8 should be regarded as "relevant to the subject matter" if it might reasonably assist a party in 9 evaluating the case, preparing for trial, or facilitating settlement thereof. Gonzalez v. Sup.Ct. (City 10 of San Fernando) (1995) 33 Cal.App.4th 1539, 1546 (citing text); Lipton v. Sup.Ct. (Lawyers' Mut. 11 Ins. Co.) (1996) 48 Cal.App.4th 1599, 1611 (citing text); Stewart v. Colonial Western Agency, Inc. 12 (2001) 87 Cal.App.4th 1006, 1013 (citing text)). The "relevance to the subject matter" standard is 13 applied liberally. Any doubt is generally resolved in favor of permitting discovery, particularly where 14 the precise issues in the case are not yet clearly established. (Colonial Life & Acc. Ins. Co. v. Sup.Ct. 15 (Perry) (1982) 31 Cal.3d 785, 790, fns. 7-8). 16 The Court may direct compliance with a subpoena upon those terms and conditions the Court 17 shall declare. (C.C.P. § 1987.1(a)). This includes ordering a plaintiff to sign the authorizations for 18 release of his or her relevant records. 19 When a party refuses to sign an authorization, the court can issue an order compelling 20 plaintiff to sign it. See, e.g., Miranda v. 21st Century Insurance Co. (2004) 117 Cal.App.4th 913, 21 929-30 (affirming dismissal of action for failure to comply with court order compelling 22 Plaintiff to sign authorization and release of medical records). Indeed, courts in a variety of 23 settings have compelled parties to consent to a third party's disclosure of material where such consent 24 was a prerequisite to its production. O'Grady v. Superior Court (2006) 139 Cal.App.4th 1423, 1446 25 (citing Miranda). 26 Miranda involved an underlying auto accident wherein plaintiff was claiming personal 27 injuries including resulting cognitive impairments. Miranda, supra, 117 Cal.App.4th at p. 918. After 28 attempting to subpoena plaintiff's medical records, defendant was informed that a signed MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS 3 G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd 1 authorization was needed. Id. Voluntary attempts to have plaintiff sign the authorization was 2 unsuccessful. Id. Defendant then filed a Motion to Compel plaintiff to sign the authorization, which 3 was granted by the court. Id. at p. 919. After plaintiff continued to refuse to sign the authorization, 4 the court dismissed plaintiff's action which was affirmed by the Court of Appeal. Id. at p. 929. 5 Plaintiff Luz is claiming she sustained damages for past and ongoing medical care to her neck 6 and back. Plaintiff has treated for and may currently be receiving treatment from the above- 7 mentioned providers related to the injuries she alleges she sustained in the accident. Evidence 8 related to Plaintiff Luz's injuries stemming from the accident is critical for a meaningful analysis of 9 Plaintiff Luz's claims. Further, her pre accident medical records are relevant and discoverable to 10 determine whether Plaintiff had any prior complaints to the same areas of her body she contends 11 were injured in the accident. Unless Plaintiff validly signs the Authorization Form, Defendants will 12 have no way to fairly evaluate Plaintiff Luz's damages and injury claims and prepare a defense for 13 trial. Plaintiff has placed these injuries, and the related treatment, squarely at issue in this case by 14 suing Defendants and requesting an award of damage for them. 15 Plaintiff Luz's refusal, or at the very least avoidance, to sign the Authorization Forms 16 prevents Defendants from conducting necessary discovery, and delays the case. Plaintiff Luz is not 17 acting in good faith to work with Defendants and allow discovery to proceed. Instead, Plaintiff Luz 18 is creating unnecessary obstacles to delay the discovery of documents that Defendants are entitled 19 to and delaying a possible resolution of this matter. 20 The Court should compel Plaintiff to sign the requested authorization allowing Defendants 21 to obtain treatment records from Dr. Yamin, Health for Life Chiropractic, and Onyx Imaging going 22 back 10 years prior to the subject accident. 23 It is well established that the purpose of discovery is to "to assist the parties and the trier of 24 fact in ascertaining the truth; to encourage settlement by educating the parties as to the strengths of 25 their claims and defenses; to expedite and facilitate preparation and trial; to prevent delay; and to 26 safeguard against surprise." Beverly Hospital v. Superior Court (1993) 19 Cal.App.4th 1289, 1294. 27 From that primary purpose, it is implied that the Civil Discovery Act is meant to promote access to 28 useful information. Furthermore, the discovery act was created to prevent parties from gate-keeping MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS 4 G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd 1 access to documents that are relevant to the claims asserted in this action. Here, Plaintiff is claiming 2 injuries as a result of the subject incident. The treatment with Health for Life Chiropractic and Onyx 3 Imaging spans between at least January 11, 2021 and May 11, 2021. However, the medical records 4 produced reflect only a portion of the treatment provided. No records have been produced by 5 Plaintiff from Dr. Yamin. Obviously, the limited records are insufficient to fully evaluate Plaintiff’s 6 injury claims. 7 Defendants should not and do not have to rely on Plaintiff Luz's counsel for medical records. 8 At this juncture, Plaintiff’s counsel has produced only a portion of the medical records for the 9 various treatment providers. Plaintiff Luz has brought the instant action against Defendants and has 10 placed her medical care and allegations related to her subsequent damages at issue in this matter. All 11 of the documents from Health for Life Chiropractic, Dr. Yamin , and Onyx Imaging that require the 12 HIPAA authorizations are relevant and discoverable. Defendants are entitled to obtain them directly 13 from the provider. However, given the out of state nature of Plaintiff's records an authorization is 14 required. 15 This Court should therefore order Plaintiff to sign and return the necessary authorization. To 16 reject Defendant's right to use authorizations to obtain relevant treatment records would prejudice 17 Defendants at the time of trial due to the unequal access to information. Defendants respectfully 18 request this Court to Order Plaintiff Luz to sign the Authorization Form and return to defense 19 counsel within 10 days of this hearing. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS 5 G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd 1 VI. 2 CONCLUSION 3 For the foregoing reasons, Defendants respectfully request this Court order Plaintiff Luz to 4 promptly sign the Authorization Forms to release her records from her out of state treatment 5 providers, Health for Life Chiropractic, Dr. Yamin and Onyx Imaging. 6 7 Dated: March 29, 2024 HORTON, OBERRECHT & KIRKPATRICK 8 9 Elise M. Laughead 10 Kimberly S. Oberrecht, Esq. Elise M. Laughead, Esq. 11 Nicole M. Tanaka, Esq. Attorneys for Defendants, GRIMMWAY ENTERPRISES, 12 INC. and NEREO PENALOZA HERRERA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PLAINTIFF LUZ RAMIREZ, TO SIGN HIPAA AUTHORIZATION FORMS FOR OUT OF STATE MEDICAL RECORDS 6 G:\CLIENTS\7758\Pleadings\Insureds_MTC Authorizations against Plaintiffs\MTC Auth_PL Luz (5-1-24)\MTC Auth (Luz)_PandA.wpd