Gerner v. Super. Ct.Annotate this Case
Petitioner seeks review of an order of Respondent Court requiring compliance with an investigational administrative subpoena of the Department of Consumer Affairs, acting on behalf of the Medical Board of California (the Board), seeking a patient’s records. The court issued a stay and an order requiring Respondent Court to show cause why it should not be ordered to vacate and reverse its order compelling compliance with the Board’s subpoena. The court granted the petition and held that the Board has failed to establish any exception to the patient’s invocation of the phychotherapist-patient privilege provided by Evidence Code section 1014, which precludes the subpoena’s enforcement.