Q: What statutes define Opposition in response to Motion to Compel execution of authorization to release medical records?

A: In California, the opposition to a motion to compel the execution of an authorization to release medical records is primarily governed by the California Code of Civil Procedure (CCP) and the California Evidence Code (Evid. Code). The key statutes that define the opposition are:

1. CCP § 2017.010 - General scope of discovery: This statute outlines the broad scope of discovery in California, allowing parties to obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action.

2. CCP § 2025.480 - Motion to compel: This statute provides the basis for a party to file a motion to compel when another party fails to comply with discovery requests, including the execution of an authorization to release medical records.

3. Evid. Code § 990-1007 - Physician-patient privilege: These statutes define the physician-patient privilege, which protects confidential communications between a patient and their physician. The plaintiff may argue that the requested medical records are protected by this privilege.

4. Evid. Code § 994 - Exception to physician-patient privilege: This statute provides an exception to the physician-patient privilege when the patient's medical condition is at issue in the litigation. The defendant may argue that this exception applies, making the medical records discoverable.

5. CCP § 2031.060 - Objections to inspection demands: This statute outlines the grounds for objecting to inspection demands, which may include the authorization to release medical records. The plaintiff may base their opposition on these grounds, such as asserting that the request is unduly burdensome, oppressive, or seeks privileged information.

In crafting the opposition, the plaintiff's attorney will typically cite these statutes and provide arguments as to why the motion to compel should be denied based on the specific facts of the case and the applicability of the physician-patient privilege or other objections under the California Code of Civil Procedure.