2007 California Health and Safety Code Article 5. Enforcement Of The Disclosure Of Records

CA Codes (hsc:101875.duplicate)

HEALTH AND SAFETY CODE
SECTION 101875



101875.  (a) Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any record or class of records under this chapter.  In
addition, the corporation may institute proceedings for declaratory
relief or validation of its policy or policies under this article, or
elect to interplead the records sought to be disclosed.  In the
event the corporation institutes proceedings or interpleads records,
the corporation shall give written notice, to the person or persons
with an interest in disclosure or nondisclosure of the records, of
the right to participate in the proceedings.  The times for
responsive pleadings and for hearings in these proceedings shall be
set by the judge of the court with the object of securing a decision
as to these matters at the earliest possible time.
   (b) Whenever it is made to appear by verified petition to the
superior court of the county where the records or some part thereof
are situated that certain records are being improperly withheld from
disclosure, the court shall order the officer or person charged with
withholding the records to disclose the record or show cause why he
or she should not do so.  The court shall decide the case after
examining the record in camera, if permitted by subdivision (b) of
Section 915 of the Evidence Code, papers filed by the parties and any
oral argument, and additional evidence as the court may allow.
   (c) If the court finds that the corporation's decision to refuse
disclosure is not justified under Article 4 (commencing with Section
101870), the court shall order the corporation to make the record
available.  If the judge determines that the corporation was
justified in refusing to make the record available, he or she shall
return the item to the corporation without disclosing its content
with an order supporting the decision refusing disclosure.
   (d) An order of the court, either directing disclosure by the
corporation or supporting the decision of the corporation refusing
disclosure, is not a final judgment or order within the meaning of
Section 904.1 of the Code of Civil Procedure from which an appeal may
be taken, but shall be immediately reviewable by petition to the
appellate court for the issuance of an extraordinary writ.  Upon
entry of any order pursuant to this section, a party shall, in order
to obtain review of the order, file a petition within 20 days after
service upon him or her of a written notice of entry of the order, or
within such further time not exceeding an additional 20 days as the
trial court may for good cause allow.  If the notice is served by
mail, the period within which to file the petition shall be increased
by five days.  A stay of an order or judgment shall not be granted
unless the petitioning party demonstrates it will otherwise sustain
irreparable damage and probable success on the merits.  Any person
who fails to obey the order of the court shall be cited to show cause
why he or she is not in contempt of court.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.