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HASSAN v. MERCY AMERICAN RIVER HOSPITAL

No. S106256.

3 Cal.Rptr.3d 623 (2003)

31 Cal.4th 709

74 P.3d 726

Allen HASSAN, Plaintiff and Appellant, v. MERCY AMERICAN RIVER HOSPITAL, Defendant and Respondent.

Supreme Court of California.

August 18, 2003.

Attorney(s) appearing for the Case

The Advani Law Firm, Kelly, Herlihy, Advani & Klein, The Schinner Law Group, Law Offices of Mukesh Advani, Mukesh Advani, Jerry Schreibstein and R. David Bolls III for Plaintiff and Appellant.

Diepenbrock, Wulff, Plant & Hannegan, Sean O. Sheridan, John A. Bachman; Riegels, Campos & Kenyon and Charity Kenyon, Sacramento, for Defendant and Respondent.

Catherine I. Hansen and Gregory M. Abrams for California Medical Association, California Dental Association and California Healthcare Association as Amici Curie on behalf of Defendant and Respondent.

KENNARD, J.

Civil Code section 43.81 confers a privilege on "any person" who makes a communication "to any hospital [or] hospital medical staff ... when the communication is intended to aid in the evaluation of the qualifications, fitness, character, or insurability of a practitioner of the healing or veterinary arts."

We must answer two related questions. First, is the statutory term "person" limited to humans, or does it also...

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