Equity: No Jury Trial Entitlement On Fees Motion Under The Confidentiality Of Medical Information Act

Post-Trial Motion Is The Way To Go!

West courtroom, Jury box, Howard M. Metzenbaum U.S. Courthouse, Cleveland, Ohio

            In Brown v. Mortensen, Case No. B281704 (2d Dist., Div. 1 Jan. 3, 2019) (published), the 2/1 DCA decided that no jury trial is available for attorney’s fee requests under the Confidentiality of Medical Information Act (CMIA), Civil Code section 56.35. Rather, a post-trial motion is the way to seek recovery of such fees.