Motion to Compel Nonparty Records Custodians to Produce Records in Response to Subpoena
23CV030246: HENLON, et al. vs KAISER PERMANENTE INTERNATIONAL, et al. 07/17/2026 Hearing on Motion to Compel Records; filed by KAISER FOUNDATION HOSPITALS (Defendant) + CRS# A-30246-022 in Department 520
Tentative Ruling - 07/14/2026 Jamilah A. Jefferson
The Motion to Compel DEFENDANTS KAISER FOUNDATION HOSPITALS AND KAISER FOUNDATION HEALTH PLAN INCS NOTICE OF MOTION AND MOTION TO COMPEL NONPARTY RECORDS CUSTODIANS TO PRODUCE RECORDS IN RESPONSE TO SUBPOENA REDACTED filed by KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS on 06/29/2026 is Granted in Part.
The unopposed Motion of DEFENDANTS KAISER FOUNDATION HOSPITALS AND KAISER FOUNDATION HEALTH PLAN, INC.S NOTICE OF MOTION AND MOTION TO COMPEL NONPARTY RECORDS CUSTODIANS TO PRODUCE RECORDS IN RESPONSE TO SUBPOENA is GRANTED IN PART.
The Court notes that it does not appear that Plaintiffs have formally opposed this motion (through written brief - though it was opposed at the prior hearing on June 24, 2026). There is, however, a related motion for protective order filed by Plaintiffs on June 30, 2026 that is currently set for hearing in January 2027 (which will be advanced sua sponte by the Court) that, collectively, addresses Plaintiffs' position on medical discovery.
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In the instant motion, it appears that Defendants filed an amended notice of motion and memorandum of points and authorities seeking documents from the following third-party medical providers:
Baywell Psychiatry Group Pinard Morgan Psychiatry Sutter East Bay Medical Group The Permanente Medical Group, Inc. Stanford Health Care Trinity Counseling Telecare Corporation/Telecare Heritage Southern California Permanente Medical Group
Defendants seek documents/communications from these providers for Plaintiff Lavinia Henlon only.
The amended notice of motion and memorandum of points and authorities appears to withdraw the subpoena for records from Kaiser Permanente West Covina Medical Offices for Plaintiff Fiona Henlon. 23CV030246: HENLON, et al. vs KAISER PERMANENTE INTERNATIONAL, et al. 07/17/2026 Hearing on Motion to Compel Records; filed by KAISER FOUNDATION HOSPITALS (Defendant) + CRS# A-30246-022 in Department 520
SUBPOENAS AT ISSUE
Defendants seek a court order compelling production of records from the providers listed above because Plaintiffs decline to voluntarily authorize the release of the records. Plaintiffs do not appear to dispute that, given that Plaintiff Lavinia Henlon's mental/medical/physical condition is squarely at issue in the allegations in the Third Amended Complaint, Defendants are entitled to otherwise protected and private medical records. However, Plaintiffs argue that the scope of the records sought (both the substance and temporal scope) must be as limited and narrowly drawn as possible to allow Defendants to obtain directly relevant evidence and also protect Plaintiff from unnecessary disclosure. The Court notes that Plaintiffs arguments are largely made in a related Motion for Protective Order that relates to the discovery of medical records.
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Defendants seek the following in the subpoenas at issue:
All DOCUMENTS relating to the medical care, counseling, and/or psychiatric or mental health treatment PLAINTIFF received from January 1, 2016 to present, including, without limitation, records of any screening, treatment, prognosis, or diagnosis, provided by any provider, all office, emergency room, inpatient and outpatient charts and records including patient intake questionnaires, pharmacy and prescription records, psychiatric notes, therapy notes, and any other documentation pertaining to the care, treatment and examination of PLAINTIFF Lavinia Henlon.
AND
All COMMUNICATIONS between YOU and PLAINTIFF relating to the medical care, counseling, and/or psychiatric or mental health treatment PLAINTIFF received from January 1, 2016 to present, including, without limitation, records of any screening, treatment, prognosis, or diagnosis, provided by any provider, all office, emergency room, inpatient and outpatient charts and records including patient intake questionnaires, pharmacy and prescription records, psychiatric notes, therapy notes, and any other documentation pertaining to the care, treatment and examination of PLAINTIFF Lavinia Henlon.
The incident at issue in the Third Amended Complaint occurred in November 2021 when Plaintiff Lavinia Henlon was admitted to Kaiser Oakland Medical Center and culminated in the alleged December 2021 assault involving Plaintiffs. There is no allegation that appears to predate November 2021, except the general description of the medical condition that led to Plaintiff Lavinia Henlon's admission to Kaiser. There is no incident alleged to have occurred after the December 2021 assault at Kaiser. After the alleged incident, both Plaintiffs received related medical and/or psychiatric care.
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
23CV030246: HENLON, et al. vs KAISER PERMANENTE INTERNATIONAL, et al. 07/17/2026 Hearing on Motion to Compel Records; filed by KAISER FOUNDATION HOSPITALS (Defendant) + CRS# A-30246-022 in Department 520 While the documents and communications sought above may be relevant to the allegations in the Third Amended Complaint, it appears that the broad scope of documents and communications currently sought are only relevant during the time period of Plaintiff Lavinia Henlon's actual admission at Kaiser Oakland (November 23, 2021 - December 2021 (exact release date uncertain based on allegations)). It may be that additional documents from other medical providers are directly relevant to describe the condition/treatment/diagnosis articulated in the records from Plaintiff Lavinia Henlon's actual admission at Kaiser Oakland, but the broad scope currently sought from every medical provider for a five-year period from the incident date and from Telecare Corporation/Telecare Heritage and Southern California Permanente Medical Group for a ten-year period appears overbroad, over encompassing, and not directly relevant to the approximate one month admission period when the incident alleged in the Third Amended Complaint occurred.
The Court modifies the substantive and temporal scope below. The parties are not prevented from further modifying the modifications below if, for example, Plaintiffs believe the temporal scope is too narrow to fully cover Plaintiffs' injuries from the incident and treatment. The Court only narrows based on its current understanding of the claims and damages alleged. However, if additional discovery is necessary based on what Plaintiffs intend to argue/present at trial, it would appear that Defendant are entitled to that discovery.
The Court is also receptive to further requests arguing why compelling additional documents based on and after review after the documents received below is warranted.
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MODIFIED SCOPE
For:
Baywell Psychiatry Group Pinard Morgan Psychiatry Sutter East Bay Medical Group The Permanente Medical Group, Inc. Stanford Health Care Trinity Counseling Telecare Corporation/Telecare Heritage Southern California Permanente Medical Group
Time: November 23, 2020 - December 31, 2023 Scope: As modified below
All DOCUMENTS relating to the medical care, counseling, and/or psychiatric or mental health treatment PLAINTIFF received from January 1, 2016 to present, including, without limitation,
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
23CV030246: HENLON, et al. vs KAISER PERMANENTE INTERNATIONAL, et al. 07/17/2026 Hearing on Motion to Compel Records; filed by KAISER FOUNDATION HOSPITALS (Defendant) + CRS# A-30246-022 in Department 520 records of any screening, treatment, prognosis, or diagnosis, provided by any provider, all office, emergency room, inpatient and outpatient charts and records including patient intake questionnaires, pharmacy and prescription records, psychiatric notes, therapy notes, and any other documentation pertaining to the care, treatment and examination of PLAINTIFF Lavinia Henlon.
AND
All COMMUNICATIONS between YOU and PLAINTIFF relating to the medical care, counseling, and/or psychiatric or mental health treatment PLAINTIFF received from January 1, 2016 to present, including, without limitation, records of any screening, treatment, prognosis, or diagnosis, provided by any provider, all office, emergency room, inpatient and outpatient charts and records including patient intake questionnaires, pharmacy and prescription records, psychiatric notes, therapy notes, and any other documentation pertaining to the care, treatment and examination of PLAINTIFF Lavinia Henlon.
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For:
The Permanente Medical Group, Inc. Southern California Permanente Medical Group
Time: November 23, 2021 - December 31, 2021 Scope: unmodified below
All DOCUMENTS relating to the medical care, counseling, and/or psychiatric or mental health treatment PLAINTIFF received from January 1, 2016 to present, including, without limitation, records of any screening, treatment, prognosis, or diagnosis, provided by any provider, all office, emergency room, inpatient and outpatient charts and records including patient intake questionnaires, pharmacy and prescription records, psychiatric notes, therapy notes, and any other documentation pertaining to the care, treatment and examination of PLAINTIFF Lavinia Henlon.
AND
All COMMUNICATIONS between YOU and PLAINTIFF relating to the medical care, counseling, and/or psychiatric or mental health treatment PLAINTIFF received from January 1, 2016 to present, including, without limitation, records of any screening, treatment, prognosis, or diagnosis, provided by any provider, all office, emergency room, inpatient and outpatient charts and records including patient intake questionnaires, pharmacy and prescription records, psychiatric notes, therapy notes, and any other documentation pertaining to the care, treatment
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
23CV030246: HENLON, et al. vs KAISER PERMANENTE INTERNATIONAL, et al. 07/17/2026 Hearing on Motion to Compel Records; filed by KAISER FOUNDATION HOSPITALS (Defendant) + CRS# A-30246-022 in Department 520 and examination of PLAINTIFF Lavinia Henlon.
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NOTICE: This tentative ruling will automatically become the courts final order on July 17, 2026 unless, by no later than 3:00 P.M. on July 14, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
The Court will only be able to hear a contested matter at 9:30am on July 15, 2026.
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NOTICE: This tentative ruling will automatically become the courts final order on July 17, 2026 unless, by no later than 3:00 P.M. on July 14, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
The subject line (RE:) of the email must state: Request for CONTESTED HEARING: [the case name], [number]. When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.
The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.
ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.