Q: Is Motion for Protective order from release of medical records - valid response to motion to compel authorization?

A: Yes, a Motion for Protective Order can be a valid response to a Motion to Compel the execution of an authorization for the release of medical records in California. This is pursuant to the California Code of Civil Procedure (CCP) sections 2017.010 through 2017.020, which govern the scope of discovery and the court's authority to limit or prohibit discovery.

Specifically, CCP section 2017.020(a) states:

"The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person."

Additionally, the California Constitution, Article 1, Section 1, provides for the inalienable right to privacy, which can be asserted in the context of medical records.

When filing a Motion for Protective Order, the party seeking protection should:

1. Identify the specific medical records or information they seek to protect.

2. Explain why the requested records are not relevant to the case or how the request is overly broad or burdensome.

3. Argue that the party's right to privacy outweighs the opposing party's need for the information.

The court will then weigh the competing interests and decide whether to grant the protective order, deny it, or grant it in part by limiting the scope of the medical records to be released.