What is the test for a motion to compel disclosure of records?
California, United States of America
The following excerpt is from People v. Rodrigues, H035024 (Cal. App. 2011):
case, if the custodian of records objects to disclosure of the information sought, the party seeking the information must make a plausible justification or a good cause showing of need therefor." (Alford v. Superior Court (2003) 29 Cal.4th 1033, 1045-1046.)
"A ruling on a motion to compel discoverylike that hereis subject to review for abuse of discretion. [Citations.]" (People v. Ashmus (1991) 54 Cal.3d 932, 979.) In order to determine whether the trial court has abused its discretion, the appellate court must independently review the records in question. (See People v. Avila (2006) 38 Cal.4th 491, 606-607.)
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