Thornburg v. Superior Court

In Thornburg v. Superior Court (2006)138 Cal.App.4th 43, a copy service entered into an agreement with a hospital, whereby the hospital agreed to forward requests for patient records to the copy provider, which would copy and mail the requested records and collect all fees. (Thornburg, at p. 47.) The copy service charged fees in excess of the amounts permitted in Section 1158. (Thornburg, at p. 47.) Thornburg held the limits in Section 1158 applied because the copy service "assumed the duty of responding to section 1158 requests." (Thornburg, at p. 53.) The hospital could not "avoid the cost limitations set forth in . . . the statute by simply retaining a copy service." (Id. at p. 52.) Thornburg involved an appeal from the sustaining of a demurrer, and the court concluded the plaintiff could allege the copy service had wholly assumed the hospital's obligations under Section 1158. (Thornburg, at pp. 53-54.)