When a medical provider fails to comply with § 1158 of the Evidence Code, in addition to any other available remedy, the demanding party may apply to the court for an order to show cause why the records should not be produced.

Any order to show cause issued pursuant to this section shall be served upon respondent in the same manner as a summons. It shall be returnable no sooner than 20 days after issuance unless ordered otherwise upon a showing of substantial hardship. The court shall impose monetary sanctions pursuant to § 1158 of the Evidence Code unless it finds that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Terms Used In California Code of Civil Procedure 1985.7

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Summons: Another word for subpoena used by the criminal justice system.

(Added by Stats. 1996, Ch. 1159, Sec. 12. Effective January 1, 1997.)

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