Lantz

Section 1985.3 of the Code of Civil Procedure provides a procedural mechanism designed to give notice to a “consumer” when the consumer’s “personal records” are being subpoenaed by a “subpoenaing party.” In this case, we conclude that when a county is a defendant in a civil action alleging sexual harassment and seeks to subpoena personal records (here, medical records) of the plaintifftconsumer, the county is a “subpoenaing party” as that term is defined in subdivision (a)(3) of the statute and must therefore give notice to the consumer in the manner prescribed by the statute.

We also conclude the superior court erred in failing to apply the appropriate standard of review to petitioner’s contention that California’s constitutionally guaranteed right of privacy (Cal. Const., art. I, § 1) protected certain of her medical records from discovery by the county defendant.

Facts and Procedural History

Petitioner Monique Lantz is the plaintiff in this civil action naming real parties County of Kern (the County), Kern County Sheriff’s Department (the Department) and Sheriff Carl Sparks (Sparks) as defendants. Also named as a defendant is Donnie Youngblood, who is alleged to be…