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MORALES v. COOPERATIVE OF AMERICAN PHYSICIANS

No. 97-56217.

180 F.3d 1060 (1999)

Salvador MORALES, Plaintiff-Appellant, v. COOPERATIVE OF AMERICAN PHYSICIANS, INC., MUTUAL PROTECTION TRUST ("CAP-MPT"); Schmid, Noreck & Voiles, a law firm, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 1999.

Attorney(s) appearing for the Case

Nathaniel J. Friedman (argued), Los Angeles, California, for the plaintiff-appellant.

Howard N. Wollitz (argued), Timothy J. Harris, Charlston, Revich & Williams, Los Angeles, California, for the defendants-appellees.

Before: O'SCANNLAIN and TASHIMA, Circuit Judges; and REED, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether the California litigation privilege bars a suit for intentional and negligent misrepresentation based upon a response to an interrogatory in a state court medical malpractice action.

I

On December 14, 1994, Salvador Morales underwent surgery, as a result of which he was rendered totally and permanently blind in his left eye. Morales brought suit in Los Angeles County Superior Court for medical malpractice...

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