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SHOOKER v. SUPERIOR COURT

No. B167889.

4 Cal.Rptr.3d 334 (2003)

111 Cal.App.4th 923

Douglas SHOOKER et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Gary Winnick et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division One.

Review Denied November 25, 2003.

Attorney(s) appearing for the Case

Howarth & Smith, Don Howarth, Suzelle M. Smith and David K. Ringwood, Los Angeles, for Petitioners.

Alschuler Grossman Stein & Kahan, Marshall B. Grossman, John A. Schwimmer and Ryan S. Hedges, Santa Monica, for Real Parties in Interest.

No appearance for Respondent.

VOGEL (MIRIAM A.), J.

We hold in this writ proceeding that the designation of a party as an expert trial witness is not in itself an implied waiver of the party's attorney-client privilege. If the designation is withdrawn before the party discloses a significant part of a privileged communication (as in this case), or before it is known with reasonable certainty that the party will actually testify as an expert, the privilege is secure; if the party produces privileged...

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