In response to my Intentional Infliction of emotional distress cause of action, the defendant is requesting for a 5 year medical

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Anonymous Jun 14, 2013 Bankruptcy and Debt 3 views 3 answers

record before the time I complained of dizziness for the purpose of determining if it's pre-existing. Is 5 years a reasonable request? I understand insurance company only requires 1 year to determine any pre-existing health condition.

Attorney Answers

John Kitta

John Kitta · Jun 15, 2026

In my over thirty years of active civil litigation practice with the facts you stated in the description of your case, I think the request for five years of your records is an absolute invasion of your privacy and outside the norms and standards in the industry. ______

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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA

Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA · Jun 15, 2026

Yes, 5 years is reasonable. BTW, intentional infliction of emotional distress damages are available only in a limited number of cases. Generally, they are available only in the circumstance where the defendant owed you preexisting duty. The California Supreme Court has allowed plaintiffs to bring negligent infliction of emotional distress actions as “direct victims” in only three types of factual situations: (1) the negligent mishandling of corpses (Christensen v. Superior Court (1991) 54 Cal.3d 868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]); (2) the negligent misdiagnosis of a disease that could potentially harm another (Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, 923 [167 Cal.Rptr. 831, 616 P.2d 813]); and (3) the negligent breach of a duty arising out of a preexisting relationship (Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1076 [9 Cal.Rptr.2d 615, 831 P.2d 1197]). See also CACI 1620.

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Aalok Sikand

Aalok Sikand · Jun 15, 2026

This sounds pretty reasonable to me. I've seen medical records for ten years prior in similar cases. You can try and object to his discovery request stating that it is "overbroad as to time," and see what the other side says. The other side may threaten to compel answers if they give you a good enough reason why they think you should give them the records (i.e. citing case law). If you lose the motion to compel, you'll be responsible for the attorneys fees and costs that the other side incurred in filing the motion.

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