Settle v. Knox Attorney Service
Filed 3/21/06 Settle v. Knox Attorney Service CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| PHILLIP WAYNE SETTLE, Plaintiff and Appellant, v. KNOX ATTORNEY SERVICE, et al., Defendants and Respondents. | B180137 (Los Angeles County Super. Ct. No. BC291000) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Aurelio N. Munoz, Judge. Affirmed.
Stephen P. Robinson for Plaintiff and Appellant.
Manning & Marder, Kass, Ellrod, Ramirez, Fredric W. Trester, David Gorney, and Keith N. Crouch for Defendants and Respondents.
__________________________
SUMMARY
The issue in this appeal is whether a copy service violates the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) if it copies or receives medical records from the custodian of such records prior to a business records subpoena deposition date even if it does not disclose or release those records until the deposition date or thereafter. We conclude that the answer is no.
FACTUAL AND PROCEDURAL SYNOPSIS
In an underlying action, Phillip Wayne Settle filed a complaint alleging personal injuries arising out of a car accident. Counsel for the defendants in that action subpoenaed Settle's medical records from certain health care providers, including Marke Zdaryl, M.D. at Tujunga Medical Group and Radnet Film Library (storage facility for Tower Magnetic Imaging Medical Group, Inc.). Both â€
