ARNETT v. DAL CIELO

Docket No. S048308.

14 Cal.4th 4 (1996)

DIXON ARNETT, as Executive Director, etc., Plaintiff and Respondent, v. WILLIAM J. DAL CIELO, as Chief Executive Officer, etc., Defendant and Appellant.

Supreme Court of California.

October 3, 1996.


Attorney(s) appearing for the Case

COUNSEL

Horvitz & Levy, David M. Axelrad, David S. Ettinger, Bjork, Lawrence, Poeschl & Kohn and Robert K. Lawrence for Defendant and Appellant.

David E. Willett, Catherine I. Hanson, Kimberly S. Davenport, Davis, Cowell & Bowe, Richard G. McCracken, Andrew J. Kahn, Musick, Peeler & Garrett and W. Clark Stanton as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, Robert L. Mukai, Chief Assistant Attorney General, Alvin Korobkin, Assistant Attorney General, Vivien Hara Hersh, Jane Zack Simon and Thomas P. Reilly, Deputy Attorneys General, for Plaintiff and Respondent.

Elisabeth C. Brandt, Taylor S. Carey, Sharon Mosley, David Link, J. Joseph Curan, Jr., C. Frederick Ryland, Cynthia G. Peltzman, Robert C. Fellmeth and Julianne B. D'Angelo as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

MOSK, J.

Evidence Code section 1157 provides that the records of a hospital peer review committee are not "subject to discovery." We address here the narrow issue whether an investigative subpoena issued by the Medical Board of California as part of its inquiry into the conduct of a physician with an apparent drug problem is "discovery" within the meaning of that statute. The trial...

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