FOX v. KRAMER

No. S077861.

93 Cal.Rptr.2d 497 (2000)

22 Cal.4th 531

994 P.2d 343

Wendy FOX et al., Plaintiffs and Appellants, v. Richard J. KRAMER et al. Defendants and Respondents.

Supreme Court of California.

March 16, 2000.


Attorney(s) appearing for the Case

Cooper, White & Cooper, John M. Ross, David J. DeMordaunt, James M. Wagstaffe and James A.N. Smith, San Francisco, for Plaintiffs and Appellants.

Hinshaw, Winkler, Draa, Marsh & Still, Tyler G. Draa and Gerhard O. Winkler, Saratoga, for Defendants and Respondents Richard J. Kramer and Michael J. Kushlan.

Ropers, Majeski, Kohn & Bentley, Susan H. Handelman and Terry Anastassiou, Redwood City, for Defendant and Respondent Good Samaritan Hospital.

Horvitz & Levy, David S. Ettinger, Encino, Catherine I. Hanson and Susan L. Penney, San Francisco, for California Medical Association and California Healthcare Association as Amici Curiae on behalf of Defendants and Respondents.


MOSK, J.

In this matter we address the question whether plaintiffs in a malpractice action could subpoena the expert trial testimony of an investigator for the California Department of Health Services (hereafter DHS), or refer at trial to a draft preliminary report he prepared for the DHS, when the investigator had relied substantially on hospital peer review committee records in forming his opinions. The superior court...

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