Kennedy v. Superior Court
Opinion
Lead Opinion
ORDER DENYING PETITION FOR WRIT OF SUPERSEDEAS
*442 *308 Ron Kennedy, M.D., petitions for a writ of supersedeas to stay the superior court's order compelling him to produce patient records to the Medical Board of California (the Board), pending his appeal of the same order. We will deny his petition.
This matter stems from a series of investigative subpoenas served by the Board on Dr. Kennedy pursuant to Government Code section 11181. The Board sought the medical records of three minors for whom Dr. Kennedy provided vaccination exemptions. After Dr. Kennedy refused to produce the records, the Director of the Department of Consumer Affairs filed a petition in the superior court pursuant to Government Code section 11187 to compel Dr. Kennedy to comply with the subpoenas. The superior court granted the petition and ordered Dr. Kennedy to produce records shortly thereafter.
The superior court denied Dr. Kennedy's request to stay the order while he pursued appellate review. Dr. Kennedy then filed the instant petition for a writ of supersedeas to stay the order pending appeal. We granted a temporary stay and requested further briefing from the parties.