California Court of Appeal

Order sustaining demurrer to causes of action alleging violation of Evidence Code section 1158, which limits the amount health care providers may charge for copying patient records and providing them to patients' attorneys, is reversed where, based on an agreement between defendant and hospital, defendant assumed the duty to meet hospital's obligations under section 1158 and, in responding to plaintiff's request, defendant was acting for its own advantage and interests.

Appellate Information

• Decided 03/29/2006
• Published 03/29/2006

Judges

• BENKE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Niddrie, Fish & Buchanan, Michael H. Fish;  Huffman & Kostas and James C. Kostas;  Law Offices of Sheldon A. Ostroff and Sheldon A. Ostroff, San Diego;  and Law Offices of Barron Ramos and Barron Ramos, Del Mar, for Petitioner., Simpson Delmore Greene, Robert W. Hicks and John T. McGlothlin for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.