Elijah Blue Allman Requests Cher's Subpoena of Medical Records Be Denied 'in an Effort to Protect' Him from 'Undue Burden'

The case the pop icon brought forth requesting her adult son be placed under a conservatorship remains ongoing

<p>Bei/Shutterstock </p> Cher and son Elijah Blue Allman at the


Cher and son Elijah Blue Allman at the 'Ghost World' premiere on July 18, 2001

Cher’s son Elijah Blue Allman is attempting to protect his medical records amid the ongoing conservator case proposed by his mother.

Allman, 47, recently filed a motion on March 7, which was obtained by PEOPLE, that requests the subpoena the pop icon, 77, filed in February to gain access to his medical records at Cedars-Sinai in Los Angeles be rejected, or that the records be placed under a protective order.

According to the documents, Allman filed the motion “in an effort to protect” his “physician-patient privileged and psychotherapist-patient privileged information.”

The motion also cites the intention “to protect Allman from unwarranted annoyance, embarrassment, oppression, and undue burden and expense,” should the information in his medical records be discussed publicly.

<p>Eugene Powers Photography</p> Elijah Blue Allman and his wife Marieangela "Queeny" King at Christine Peake's Comedy Show for "Breast Cancer Bandit" on Feb. 5, 2024

Eugene Powers Photography

Elijah Blue Allman and his wife Marieangela "Queeny" King at Christine Peake's Comedy Show for "Breast Cancer Bandit" on Feb. 5, 2024

Related: Cher’s 2 Sons: All About Chaz Bono and Elijah Blue Allman

Allman and his attorneys argued in the motion that the subpoena the Grammy winner filed was done so “in bad faith” because it was allegedly ordered “knowing that the records requested cannot be produced in time” and since they infringe upon the “proposed conservatee’s right to privacy.”

The filing also claims the subpoena was ordered “in the misuse of the discovery process” because of the timeframe in which the records were requested.

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Cher’s subpoena was filed on Feb. 22, with the records “ordered to be produced on or before March 15,” per the filing — despite the subpoena stating that the records be produced “no sooner than 20 days after” the subpoena is issued or “15 days after service.” Requesting the information by March 15 was “nine days after the hearing on the general probate conservatorship,” when the parties last appeared in court on March 6.

Since the discovery process was allegedly violated, Allman also requested in the filing that the court impose “monetary sanctions against” his mother for $3,000.

<p>SGranitz/WireImage</p> Elijah Blue Allman and Cher at the 2002 Billboard Music Awards


Elijah Blue Allman and Cher at the 2002 Billboard Music Awards

Related: Cher's Son Elijah Blue Allman Steps Out in Rare Appearance with Wife at Comedy Show amid Conservatorship Drama

The singer/actress filed for the subpoena as a part of the ongoing case that she brought forth in December to propose her son be placed under a conservatorship due to his alleged mental health issues and in order to manage his finances.

The subpoena was ordered after Cher’s attorneys have argued in court that her son has a “history of drug use” and multiple diagnoses of mental illnesses.

At a January hearing regarding the temporary conservatorship Cher requested Allman be placed under amid the ongoing case, her lawyers stated that  “she feared that her son would not be alive within the year” due to his addiction issues and “schizoaffective disorder.” They also shared that they expected he would be diagnosed with bipolar disorder by a “leading physician.”

“Cher was told by doctors that if she did not take this step as his mother that he will once again end up on the street," her attorney told the judge.

The music legend’s team also revealed that, on several occasions within the last year, Allman had been placed under several 5150 holds — a California legal code which allows a person with a mental illness to be involuntarily detained for a 72-hour psychiatric hospitalization. They stated that the most recent incident was in September 2023 when Allman was said to be sober but experiencing a “psychotic episode.”

<p>Vinnie Zuffante/Michael Ochs Archives/Getty</p> Elijah Blue Allman and Cher at the 'Blow' premiere on March 29, 2001

Vinnie Zuffante/Michael Ochs Archives/Getty

Elijah Blue Allman and Cher at the 'Blow' premiere on March 29, 2001

Related: What's Next in Cher's Request for Conservatorship Over Son Elijah Blue Allman? Legal Expert Explains (Exclusive)

The temporary conservatorship was ultimately denied at the time because Cher’s attorneys did not present enough evidence and Allman proved “he has managed his finances” and "has remained drug free” after multiple drug tests were administered.

More recently in an early March hearing, Allman’s team argued that his mother and her team were continuing the case until he was left “dry.”

While Allman has been receiving distributions to his trust, which the judge pointed out, he expressed not wanting to pay additional legal fees as the case remains ongoing.

The two parties are next scheduled to appear in court on June 11, but the judge concluded the last hearing by suggesting they meet in private before then.

Oct. 3 is currently set for a mandatory settlement conference hearing if both parties do not settle before then.

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