Fear Not Law Articles: Bodell v. Sup. Ct.

Bodell v

Bodell v. Sup. Ct.

Filed 1/18/07 Bodell v. Sup. Ct. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE

BARTON WEBB BODELL,

Petitioner,

THE SUPERIOR COURT OF

LOS ANGELES COUNTY,

Respondent;

TAYLOR ANGARELLA et al.,

Real Parties in Interest.

B194880

(L.A.S.C. No. SC089096)

OPINION AND ORDER

GRANTING PEREMPTORY

WRIT OF MANDATE

ORIGINAL PROCEEDING; petition for writ of mandate. Lisa Hart Cole, Judge. Petition granted.

Sheppard Mullin Richter & Hampton, Gary L. Bostwick, Jean-Paul Jassy, Erica S. Alterwitz; Bragg & Kuluva and John E. Bower for Petitioner.

Heller Ehrman and Adam M. Cole for American Psychological Association and the California Psychological Association as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Vastano & Angarella, Steven V. Angarella and Patrick G. Vastano for Real Parties in Interest.

___________________________

We hold (1) that plaintiffs may not obtain the defendant's psychotherapy records because they are absolutely protected from disclosure, and (2) that plaintiffs may not obtain defendant's other medical records because plaintiffs have not demonstrated good cause for disclosure.

FACTS

Taylor Angarella (along with his father, mother, and his siblings) sued Barton Webb Bodell, alleging that Bodell, while intoxicated, had driven his sports car at an excessive rate of speed and collided with their residence. The Angarellas seek property and emotional distress damages as well as punitive damages.

The Angarellas served subpoenas on Bodell's physician, Stephen Pratt, M.D., and Bodell's psychotherapist, Chet Wilson, Ph.D. Bodell moved to quash both subpoenas on the ground that he was not a patient of Dr. Pratt or Dr. Wilson until after the accident. The Angarellas opposed the motion on the basis that Bodell's alcoholism (which Bodell denies) is relevant to their claim for punitive damages, pointing to a notation in medical records they had subpoenaed from UCLA (where Bodell had been hospitalized for three weeks after the accident) of the word â€

Description	Court hold (1) that plaintiffs may not obtain the defendant's psychotherapy records because they are absolutely protected from disclosure, and (2) that plaintiffs may not obtain defendant's other medical records because plaintiffs have not demonstrated good cause for disclosure.
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