Landau v. Superior Court of Orange Cnty.

244 Cal. Rptr. 3d 454, 32 Cal. App. 5th 1072
CourtCalifornia Court of Appeal, 5th District
DecidedFebruary 15, 2019
DocketG056050
StatusPublished
Cited by4 cases

This text of 244 Cal. Rptr. 3d 454 (Landau v. Superior Court of Orange Cnty.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landau v. Superior Court of Orange Cnty., 244 Cal. Rptr. 3d 454, 32 Cal. App. 5th 1072 (Cal. Ct. App. 2019).

Opinion

MOORE, J.

*1077In 2009, a jury found petitioner Sid Landau to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator *1078Act (SVPA). ( Welf. & Inst. Code, § 6600 et seq. )1 The trial court subsequently committed Landau to the custody of the State Department of State Hospitals (SDSH) for an indeterminate term. We have filed three prior opinions regarding these matters. Landau has filed a petition for unconditional discharge or conditional release (outpatient treatment), which is currently set for an evidentiary hearing in the trial court (essentially a retrial).

Effective January 1, 2016, the Legislature amended the SVPA as follows: "Notwithstanding any other law, the evaluator performing an updated ... evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator .... The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose." (§ 6603, subd. (j)(1).)2

Here, 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.

*459The 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 has now filed a petition for a writ of mandate in this court in order to challenge the lower court's ruling.

We find that section 6603 (j) explicitly authorizes a district attorney to subpoena and use an SVP's medical records in proceedings under the SVPA. Thus, we deny Landau's petition for a writ of mandate.

I

FACTS AND PROCEDURAL BACKGROUND

In 1982, Landau was convicted of two counts of orally copulating a child and was sentenced to six years in prison. In 1988, Landau was convicted of 18 counts of committing a lewd act on a child and was sentenced to 17 years in prison. Prior to his release date, the prosecution filed an SVP petition. In 2009, a jury found that Landau met the criteria under the SVPA and the court ordered an indefinite commitment. We affirmed the judgment. ( People v. Landau (2013) 214 Cal.App.4th 1, 8, 154 Cal.Rptr.3d 1.)3

In August 2010, Landau filed a petition for discharge or conditional release. The trial court summarily denied the petition. We reversed and *1079remanded the matter. ( People v. Landau (2011) 199 Cal.App.4th 31, 35, 130 Cal.Rptr.3d 683.) On remand, a jury found that Landau continued to meet the criteria for a SVPA commitment; however, due to the admission of prejudicial hearsay evidence, we again reversed and remanded the matter. ( People v. Landau (2016) 246 Cal.App.4th 850, 201 Cal.Rptr.3d 684.)

The Instant Proceedings

On December 14, 2017, the district attorney served an SDT on the custodian of records at Coalinga State Hospital. The SDT sought Landau's treatment plans, test results, and other records relied on by two SDSH doctors "in forming their expert opinions as stated in their evaluations." Landau filed a motion to quash the subpoena; the district attorney filed an opposition, relying in part on section 6603 (j).4

On February 16, 2018, the trial court conducted a hearing on the motion to quash the subpoena. The court told the parties that: "The hospital has delivered the documents to the court." After hearing argument from both sides the court denied the motion, but "stayed the dissemination of records" in order "to allow [Landau] to file a writ."

On March 6, 2018, Landau filed a petition for writ of mandate in this court, which we summarily denied.

On June 27, 2018, the California Supreme Court granted review and returned the matter to this court. We complied with the Supreme Court's directions by vacating our previous order and issuing an order to show cause.5

II

DISCUSSION

Landau argues that the trial court "erred when it refused to quash" the district attorney's subpoena, which sought his "confidential mental health and other medical records" from the SDSH for use at the retrial. We disagree for reasons we shall explain, but we will start with a brief overview of the SVPA.

*1080Generally, the SVPA provides for indefinite civil commitments of persons who are found beyond a reasonable doubt to be an SVP. An SVP is a person convicted of a sexually violent offense against one or more victims, and who has been diagnosed with a mental disorder that renders them a danger to public safety because they are likely to reoffend and commit additional sexually violent acts. ( §§ 6600, subd. (a)(1), 6603, subd. (d), 6604.) At the commitment hearing, the alleged SVP has the right to a trial by jury, the assistance of counsel, the right to retain experts, and "access to all relevant medical and psychological records and reports." ( § 6603, subd. (a).)

Once a person has been found to be an SVP, the SDSH must conduct annual mental health examinations. The SDSH must report to the court whether the person currently meets the definition of an SVP, and whether unconditional discharge or conditional release (to a less restrictive alternative that would adequately protect the community) is in the person's best interest. (§ 6604.9.) If the SDSH director does not recommend release, the SVP may nonetheless petition for release. The SVP must make a showing that they would not be a danger to others while under supervision and treatment in the community. (§ 6608, subd. (g).)

An SVP is entitled to an evidentiary hearing if the petition is not frivolous. The trial "court shall endeavor whenever possible to review the petition and determine if it is based upon frivolous grounds and, if so, shall deny the petition without a hearing." (§ 6608, subd. (a).) If the court finds probable cause to believe the petition has merit, it must set a hearing date. (§ 6605, subd. (a)(2).) At that evidentiary hearing, the SVP is entitled to all of the constitutional protections provided for at the initial commitment hearing (e.g., trial by jury).

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Cite This Page — Counsel Stack

Bluebook (online)
244 Cal. Rptr. 3d 454, 32 Cal. App. 5th 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landau-v-superior-court-of-orange-cnty-calctapp5d-2019.