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MONTGOMERY v. SUPERIOR COURT OF ORANGE COUNTY

No. G042602.

186 Cal.App.4th 1051 (2010)

LAURA MONTGOMERY et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MARK KNIGHT, Real Party in Interest.

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

July 16, 2010.

Attorney(s) appearing for the Case

Gans & Rosenfield, Paul W. Rosenfield and Jerry N. Gans for Petitioners.

No appearance for Respondent.

Reback, McAndrews, Kjar, Warford & Stockalper, Jamie A. Mason and Terrence J. Schafer for Real Party in Interest.

OPINION

SILLS, P. J.—

Laura and Douglas Montgomery (the Montgomerys) are the plaintiffs in a medical malpractice action against physician Mark Knight. They petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation. The trial court found the expert created an irreconcilable conflict of interest for Knight's counsel because he had represented the expert 10 years...

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