Gerner

Gerner v. Superior Court of L.A. Cnty.

Good Law
1 Cal. App. 5th 301·2016 Cal. App. LEXIS 559·204 Cal. Rptr. 3d 595
Court of Appeal of CaliforniaJuly 8, 2016B268621California11,015 words

Opinion

Lead Opinion

Chaney, J.

Robert Gerner, M.D., a psychiatrist, petitioned on December 3, 2015, for review of a November 10, 2015 order of Respondent Court (Hon. Mark A. Borenstein), requiring compliance with an investigational administrative subpoena of the Department *598 of Consumer Affairs, acting on behalf of the Medical Board of California (the Board), seeking a patient's records. 1 The patient had made a complaint against Dr. Gerner, but then withdrew the complaint and directed Dr. Gerner not to disclose his treatment records, which include medical histories, treatment notes, lab data, and communications with the patient.

We issued a stay and an order requiring Respondent Court to show cause why it should not be ordered to vacate and reverse its order compelling compliance with the Board's subpoena. Granting the petition, we hold that the Board has failed to establish any exception to the patient's invocation of the phychotherapist-patient privilege provided by Evidence Code section 1014, which precludes the subpoena's enforcement.

Background

Dr. Gerner, licensed as a physician by the Board since 1973, was Board Certified in Psychiatry in 1977. On March 23, 2014, the Board received a written…

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