Q: Motion for protective order from release of confidential protected by privilege medical records.

A: Yes, under California law, a Motion for Protective Order is a valid response to a defendant's request for the release of the plaintiff's medical records. This motion can be filed to protect the plaintiff's confidential medical information that is protected by privilege.

Here are some key points:

1. Medical records are protected by the physician-patient privilege under California Evidence Code section 990-1007.

2. A party to a lawsuit can object to the release of their medical records on the grounds that the records are privileged and confidential.

3. The party seeking to protect their medical records can file a Motion for Protective Order under California Code of Civil Procedure section 2017.020(a), which allows a court to limit the scope of discovery to protect a person from unwarranted annoyance, embarrassment, oppression, or undue burden and expense.

4. In the motion, the plaintiff must show that the medical records are privileged and that the defendant's request is overbroad, irrelevant, or not reasonably calculated to lead to the discovery of admissible evidence.

5. The court will then balance the plaintiff's right to privacy against the defendant's need for the information to determine whether to grant the protective order.

If the Motion for Protective Order is granted, the defendant may be prevented from obtaining some or all of the plaintiff's medical records. The plaintiff should work with their attorney to ensure that the motion is properly drafted and supported by legal authority to maximize the chances of success.