Koshman

This is an original proceeding for a writ of mandate to compel the superior court to prevent discovery of medical records.

The facts are not in dispute. Petitioner (mother) was awarded custody of two minor children (born in 1976) after she and real party in interest (father) stipulated to an interlocutory judgment of dissolution in May 1978. Father obtained an order to show cause re modification of custody on February 1, 1979, and served a subpoena duces tecum on the custodian of records for Roseville Community Hospital on January 14, 1980. The subpoena sought delivery of mother’s medical records for the period May to December 1979. Mother moved to quash the subpoena, invoking the physician-patient privilege. In a declaration filed in opposition to the motion, father asserted mother was hospitalized for treatment for an overdose of narcotics and thus the records were vital to determine whether or not she was fit to have custody of the children.

The superior court denied the motion to quash and ordered the records delivered to the court “to determine if any of the information contained therein shall be released to the... [father] and/or Family Court Services.” Mother…