Manela

This is a marital dissolution action brought by real party in interest David Y. Manela (father) against petitioner Mira R. Manela (mother). One of the principal issues in the case is whether father should be granted joint custody over the couple’s four-year-old son, Jacob. In connection with that issue, father and mother became embroiled in a discovery dispute that is the subject of our opinion.

Mother contends that father has a “seizure” disorder that affects his ability to care for Jacob. Father denies mother’s allegations and contends that he merely has a “tic” that is controlled by medication. Mother subpoenaed the medical records of two of father’s physicians, Dr. Hart C. Cohen and Dr. Andrea H. Morrison, claiming that the records will support her allegations regarding father’s seizures. The trial court, however, granted father’s motion to quash the subpoenas on the ground that the documents were protected by the physician-patient privilege. Mother filed a petition for a writ of mandate requiring the trial court to vacate its order quashing the subpoenas.

We hold that the trial court abused its discretion by quashing the subpoena to Dr. Cohen because father waived…