Kaiser Foundations Hospitals v. Superior Court

California Court of Appeal Aug 25, 1969 No. Civ. 34744Published

Before: Fleming

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Holding. A party may properly answer interrogatories by tendering business records under Code of Civil Procedure section 2030, subdivision (c), when those records contain the requested information and no showing has been made that such records are incomplete or inaccurate. The trial court abused its discretion by ordering further answers without evidence that the tendered records were insufficient.

Issues

Whether defendants may answer interrogatories by tendering business records under Code of Civil Procedure section 2030, subdivision (c).
Whether the trial court abused its discretion in ordering further answers to interrogatories without a showing that the tendered records were inadequate.

Disposition. Writ granted.

Quotations verified verbatim against the opinion

“This section furnishes an alternative method to answer an interrogatory-requiring a summary of business records of a party, one which may be used at the option of the answering party.”

“defendants’ answers, given under oath, presumptively fall within the scope of the statute, and that plaintiff’s motion to require further answers was unsupported by any showing of inadequacy of the answers given.”

“All that we decide today is that defendants are not automatically required to prepare summaries of medical records in existence, which, according to their statements under oath, contain full and complete answers to plaintiff’s interrogatories.”

FLEMING, J.

In a malpractice action pending against a hospital, a medical partnership, and an attending physician, defendants seek to prohibit the superior court from requiring them to give further answers to seven interrogatories.

Interrogatories 2 and 6 and defendants’ answers to them read:

Interrogatory No. 2

“In the event your answer to the foregoing interrogatory [Did Mary Lou Howard give birth to Jon Allen Howard at Kaiser Foundation Hospital in Panorama City, California, on or about November 24, 1963] is in the affirmative, state in exact detail all of the facts and circumstances leading up to the delivery of the said child at said time and place, and state in detail the course and progress of the labor, and state in detail the course and type and kind of delivery procedure which was employed.

Interrogatory No. 6

11 State whether or not any x-rays were taken of Mary Lou Howard during her pregnancy which resulted in the birth of Jon Allen Howard on or about November 24, 1963, and in

[803]

connection with answering this interrogatory, state in exact detail when such x-ray or x-rays were made and the radiological interpretation of such x-ray or x-rays.

“Answer. The answer to this interrogatory may be derived or ascertained from defendants’ medical records. Reasonable opportunity to examine, audit or inspect such records and to make copies thereof, or compilations, abstracts, or summaries therefrom, is hereby tendered to plaintiff pursuant to California Code of Civil Procedure § 2030. ’ ’ Interrogatories 4 and 5, and their answers, are similar to interrogatory 2, and interrogatories 7, 12, and 13, and their answers, are similar to interrogatory 6.

Kaiser Foundations Hospitals v. Superior Court

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FLEMING, J.

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