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California Civil Procedure, Keyed to Levine, 6th Ed.
County of Los Angeles v. Superior Court
Citation:
222 Cal. App. 3d 647, 271 Cal. Rptr. 698 (1990)Facts
The County of Los Angeles designated Dr. M. Anthony Verity, a board certified pathologist, as an expert witness on July 14, 1989, in a medical malpractice action. Dr. Verity had been consulting with County’s attorneys since February 16, 1989, discussing his opinions and advising on the need for further scientific study. On July 27, 1989, County’s attorney informed Dr. Verity his trial testimony might not be required but requested his continued consultation for trial preparation. On August 1, 1989, before Dr. Verity’s scheduled deposition, County withdrew his designation as an expert witness while reserving the right to designate another pathology expert. On August 8, 1989, plaintiff’s counsel contacted Dr. Verity and, despite Dr. Verity expressing doubts about the propriety of accepting engagement by plaintiff, retained him as plaintiff’s expert. During their meeting, Dr. Verity discussed the contents of a report he had previously prepared for County’s attorneys. County then moved for a protective order and to disqualify plaintiff’s counsel, arguing that Dr. Verity remained as County’s consultant and that plaintiff’s counsel had obtained privileged work product information.
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