LA BELLA v. Roger Detels, M.D., Appellant.* (1977)

Court of Appeal, Second District, Division 4, California.

Louis LA BELLA, Plaintiff, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Respondents, Roger Detels, M.D., Appellant.*

Civ. 50168.

Decided: August 09, 1977

Donald L. Reidhaar, James E. Holst, David A. Dorinson and John F. Lundberg, Berkeley, for appellant. Thelen, Marrin, Johnson & Bridges, Robert K. Worrell and Karl W. Urland, Los Angeles, for defendants and respondents. No appearance for plaintiff.

In a medical malpractice action by plaintiff against the defendants and respondents Health Plan, the trial court made and entered an order directing appellant, Dr. Detels, to permit the defendants to see, for the purpose of that action only, the hospital and medical records of plaintiff in his custody. Dr. Detels has appealed; we dismiss the appeal.

Dr. Detels is not a party to the action. His only connection with the case is that he was served with a subpoena duces tecum requiring him to attend a deposition hearing and to produce specified records. Only a party has a right of appeal. (6 Witkin, Cal. Procedure (2d ed. 1971), Appeals, s 114, p. 4114.) Now that the trial court has overruled Dr. Detel's claim of privilege, he can either comply or subject himself to a contempt order. Such an order, if made, is reviewable in this court by habeas corpus or by writ of review. That is the only procedure by which a nonparty witness may secure relief from a discovery order.

The appeal is dismissed.

KINGSLEY, Associate Justice.

FILES, P.J., and DUNN, J., concur.