Q: Is defendant's request requiring plaintiff to execute medical release a proper subject to motion to compel?

A: Under California law, a defendant's request requiring a plaintiff to execute a medical release to access confidential and privileged medical records is generally not a proper subject for a motion to compel. Here's a more detailed explanation:

1. Confidentiality and privilege: Medical records are protected by the physician-patient privilege and the right to privacy under the California Constitution and state statutes. The plaintiff has the right to keep their medical information confidential unless they voluntarily waive this privilege or put their medical condition at issue in the lawsuit.

2. Discovery of medical records: If the plaintiff's medical condition is directly relevant to the claims in the lawsuit, the defendant may seek to obtain the plaintiff's medical records through the normal discovery process. This typically involves serving the plaintiff with a request for production of documents or a subpoena to the healthcare provider, rather than demanding the plaintiff execute a medical release.

3. Motion to compel: A motion to compel is typically used when a party fails to respond adequately to a discovery request, such as interrogatories or requests for production of documents. Demanding the execution of a medical release is not a proper use of a motion to compel, as it seeks to bypass the plaintiff's right to assert the physician-patient privilege and protect their privacy.

4. Motion for protective order: If the defendant files a motion to compel the execution of a medical release, the plaintiff can respond by filing a motion for a protective order under California Code of Civil Procedure section 2017.020. The motion should argue that the defendant's request is improper, as it seeks to invade the plaintiff's privacy and violate the physician-patient privilege. The plaintiff may also argue that the requested medical records are not relevant to the claims or defenses in the lawsuit.

In summary, under California law, a defendant cannot compel a plaintiff to execute a medical release granting access to confidential and privileged medical records. The plaintiff can respond to such a motion to compel by filing a motion for a protective order to safeguard their privacy rights and the physician-patient privilege.