California Court of Appeals, Second District, Sixth Division
DAVID M. VESCO, Petitioner,
THE SUPERIOR COURT OF VENTURA COUNTY, Respondent TAWNE MICHELE NEWCOMB, Real Party in Interest.
Superior Court County No. 56-2010- 00384846-CU-OR-VTA, of Ventura Brian John Back, Judge
Law Offices of Mark Pachowicz and Christina S. Stokholm for Petitioner.
No appearance for Respondent.
Tawne Michele Newcomb, in pro. per. for Real Party in Interest.
GILBERT, P. J.
California Rules of Court, rule 1.100 allows persons with disabilities to apply for "accommodations" to ensure they have full and equal access to the courts. Rule 1.100 (c)(4) prohibits disclosure of the applicant's confidential information to persons "other than those involved in the accommodation process."
The trial court twice granted real party in interest's motion for continuance of trial pursuant to rule 1.100. Petitioner received no prior notice and the court denied his request to view the medical documents on which real party in interest relied to obtain a continuance.
We conclude petitioner is a person involved in the accommodation process. Therefore he has the right to notice, to view the documents on which the real party in interest relies, and to an opportunity to be heard. We issue a peremptory writ of mandate. We direct the superior court to vacate its June 12, 2013 order granting a continuance to real party in interest.
David M. Vesco is plaintiff in a civil action. He alleges that: He and defendant Tawne Michele Newcomb were in a long-term relationship. During the relationship, Vesco purchased a home. Although Newcomb did not contribute to the purchase or maintenance of the home, she now has its sole possession. While Newcomb is living in the home, rent-free, ...