Sinacore v. Superior Court

[225]

Opinion

TAYLOR, P. J. —

Petitioner, minor plaintiff in an action for damages for the wrongful death of her mother, seeks relief by extraordinary writ, by and through her guardian ad litem, after respondent court granted the motion of real parties, defendants in the action, for an order declaring records held by the Kern County Welfare Department (Department) relating to petitioner to be necessary for the proper administration of justice and for an order requiring the Department to produce said records. We have concluded that Welfare and Institutions Code section 5328, under which real parties proceeded, is not applicable, and that the court exceeded its jurisdiction in ordering the Department to produce records which are absolutely privileged by statute (Welf. & Inst. Code, § 10850.) Petitioner is entitled to relief by prerogative writ

(Brown

v.

Superior Court

(1977) 71 Cal.App.3d 141, 142 [139 Cal.Rptr. 327]).

Real parties, in their motion, represented to the court that prior to the death of her mother, petitioner had received public social services from the Department, that the information sought was relevant to the issue of damages (deprivation of society, comfort and protection of the deceased), and that Welfare and Institutions Code section 5328, subdivision (f) permitted the release of the information sought.

1

Petitioner and Department objected to disclosure, asserting the inapplicability of Welfare and Institutions Code section 5328 and calling the court’s attention to the confidentiality provisions of Welfare and Institutions Code section 10850.

2

Welfare and Institutions Code section 5328 provides as follows: “All information and records

obtained in the course of providing services

under Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7000), to either voluntary or involuntary recipients of services shall be confidential. Information and records may be disclosed only:.. .