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ALLEN v. SUPERIOR COURT

Docket No. AO24525.

151 Cal.App.3d 447 (1984)

198 Cal. Rptr. 737

DAVID JAMES ALLEN, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; ASSUNTA SIERRA, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

January 31, 1984.

Attorney(s) appearing for the Case

COUNSEL

William H. Staples, Marsha L. Stephenson, Capps, Staples, Ward, Hastings & Dodson, Robert R. Poindexter and Ogden, Poindexter & Voelke for Petitioners.

No appearance for Respondent.

Stanley K. Dodson and Sanders, Dodson, Rives & McLaughlin for Real Party in Interest.

Robert E. Cartwright, Leonard Sacks, Wylie A. Aitken, Glen T. Bashore, Ray Bourhis, Richard D. Bridgman, Edwin Train Caldwell, David S. Casey, Jr., Douglas K. deVries, H. Greig Fowler, Sanford M. Gage, Ian Herzog, G. Dana Hobart, Stanley K. Jacobs, Harvey R. Levine, John C. McCarthy, Timothy W. Peach, Joseph Posner, John M. Van Dyke, Arne Werchick, Stephen I. Zetterberg, Fischer & Hill, Dennis A. Fischer and Melissa Hill as Amici Curiae on behalf of Respondent and Real Party in Interest.

OPINION

SCOTT, J.

This petition for writ of mandate seeks to protect a defense medical expert from producing documents showing the extent of his practice for the defense and for insurance companies over the past five years. The doctor has not yet been deposed, but his records were subpoenaed for production at his deposition. We conclude that the trial court erred in requiring document production without a showing that plaintiff's...

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