Party Discovery: Bongon VS Kaiser Foundation Hospital, Inc.

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                                Law   Offices Of  Marylon   M.  Boyd                               Kaiser  Foundation   Hospital,  Inc.
                     Attn:  Boyd,  Marylon   M.
                     2201  Broadway    Street
                     Suite 815
                     Oakland,   CA    94612

                                        Superior      Court     of California,      County      of  Alameda
                                                          Hayward        Hall   of  Justice

                   Bongon                                                                      No.  RG10495979
                                                       Plaintiff/Petitioner(s)
                                                                                                      Order
                                             VS.

                                                                                 Motion   to Compel   Production  of Documents
                   Kaiser  Foundation   Hospital,  Inc.                                              Granted
                                                   Defendant/Respondent(s)
                                      (Abbreviated Title)




                  The  Motion  to Compel    Production  of Documents    was  set for hearing on  01/30/2012   at 03:00  PM   in
                  Department    512 before  the Honorable    John M.  True, III. The  Tentative  Ruling  was  published  and  was
                  contested.

                  Defendant   and Moving    Party Kaiser  Foundation   Hospital,  Inc. appearing  represented  by  Fortescue,
                  Gregory   F.Opposing   Party  Robin  Bongon   appeared   by counsel  Boyd,  Marylon   M..

                  The  matter  was  argued  and submitted,  and  good  cause  appearing  therefore,

                  IT IS HEREBY      ORDERED       THAT:

                  The  tentative ruling is affirmed as  follows:  The  Motion  of Defendants   Kaiser  Foundation   Hospitals,
                  Kaiser  Foundation   Health  Plan, Inc., and Ron  Navarra   to Compel   Compliance    with Document
                  Subpoenas    forthe Medical   and  Mental  Health  Records  of Plaintiff Robin  Bongon,   pursuant  to CCP   §
                  1987.1(a),  isGRANTED.

                  Plaintiff Bongon   has asserted  claims in this action supporting   arequest  for damages   for injuries toher
                  person  and  mental  health. In view  of Plaintiff'sassertions  inthe Complaint,   as well  as inher responses
                  to interrogatories and  her deposition  testimony,  the Court  concludes  that Defendants   have  established
                  that the sought-after  records  are directlyrelevant  to the issues inthis case  and that they cannot  obtain
                  the information  contained  therein  through  alternative means.   See Britt v. Superior  Court  (1978)  20
                  Cal.3d  844,  856, 859-862;   Harris  v. Superior  Court  (1992)  3 Cal. App.4th  661, 665;  and  Allen v.
                  Superior  Court  (1984)   151 Cal. App.3d   447, 449.

                  The  Court  declines to consider  Plaintiff'sopposition  to the Motion  to Compel    filedon November     30,
                  2011,  because  Plaintiff failed to asserther  objections to the subpoenas   by  filinga Motion   to Quash
                  pursuant  to CCP   §  1987.1(a)  before the production   date. See  CCP   § 1983.5(g).   Counsel,  however,   did
                  represent  tothe custodians   of records in her written  objections dated  October  5, 2011,  that she had  in
                  fact filedMotions   to Quash.

                  Counsel   forDefendants   shall prepare  a Proposed   Order  that isconsistent  with the terms  of the Court's
                  Tentative  Ruling,  and submit  it for consideration  atthe hearing.   Counsel  for Defendants   shall also
                  submit  the Protective  Order  that they sent to Plaintiff'sattorneys  on August   24, 2011.




                                                                     Order
                                                                                             Facsimile


                          Dated:   01/30/2012                                      bails


                                                                                             Judge John  M. True,  I




                                                                     Order
                   SHORT  TITLE:                                                                 CASE NUMBER:
                                Bongon   VS  Kaiser  Foundation   Hospital,  Inc.                           RG10495979

                                                              ADDITIONAL    ADDRESSEES




                   The  Rosa  Law   group                                               Miller  Law  Group,  A  Professional
                   Attn:  Rosa,  Andrea                                                 Corporation
                   5050  Laguna   Blvd                                                  Attn:  Fortescue,  Gregory   F
                   Suite 112-580                                                        111  Sutter St., Suite 700
                   Elk Grove,   CA     95758                                            San  Francisco,  CA    94111




                                                                     Order