Landau v. Super. Ct.Annotate this Case
In 2009, a jury found petitioner Sid Landau to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator Act (SVPA). The trial court committed Landau to the custody of the State Department of State Hospitals (SDSH) for an indeterminate term. The Court of Appeal filed three prior opinions regarding these matters. Landau filed a petition for unconditional discharge or conditional release (outpatient treatment), which was set essentially for a retrial. Effective January 1, 2016, the Legislature amended the SVPA. In advance of the retrial, the Orange County District Attorney served a subpoena duces tecum (SDT) on Coalinga State Hospital to obtain Landau’s records. The SDSH complied with the SDT and forwarded Landau’s records to the trial court. Landau moved to quash the subpoena; the court denied the motion. Landau then filed a petition for a writ of mandate to the Court of Appeal in order to challenge the lower court’s ruling. The Court concluded section 6603 (j) explicitly authorized a district attorney to subpoena and use an SVP’s medical records in proceedings under the SVPA. Thus, it denied Landau’s petition for a writ of mandate.