Q: For motion for protective order from request to authorize release of medical records, only 2031.260 relevant ?
California Code of Civil Procedure (CCP) sections 2030.260 (for interrogatories), vs 2031.260 (for inspection demands).
Thus - when Plaintiff files motion for protective order from request to authorize release of medical records, only section 2031.260 (for inspection demands) is in relevance?
A:
You raise an important question about which California Code of Civil Procedure section applies when seeking a protective order related to a request to release medical records.
The key distinction is that:
- CCP 2030.260 pertains to protective orders related to interrogatories
- CCP 2031.260 deals with protective orders for inspection demands, which would cover requests to produce documents like medical records
A motion for a protective order seeking to limit the scope of or quash a request to authorize the release of medical records would fall under the category of an inspection demand, since it relates to the production of documents. Therefore, CCP 2031.260 would be the relevant code section to cite in this scenario.
CCP 2030.260, dealing with interrogatories, would not apply when the issue at hand is a request for authorization to release medical records. Interrogatories are written questions that must be answered under oath, rather than demands for documents or tangible items.
So in summary, you are correct that for a motion for protective order against a request to authorize release of medical records, CCP 2031.260 is the pertinent section, not CCP 2030.260. The type of discovery request - inspection demand vs interrogatory - determines which part of the code is applicable.
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