SHANDRALINA

In a medical malpractice action filed by plaintiff Shandralina G. (Minor), counsel for defendant Tania Homonchuk, M.D. (Doctor), retained Dr. Landers as a confidential medical consultant. Shortly before the time set for designating expert witnesses, one of Minor’s counsel, Mr. Riley, unaware of Landers’s prior retention by Doctor’s counsel, telephoned Landers and, after Landers stated he was not familiar with the parties to the action, sent Landers certain medical records for his review. Minor’s counsel thereafter designated Landers as a potential expert witness for Minor.

Doctor subsequently moved, under Shadow Traffic Network v. Superior Court (1994) 24 Cal.App.4th 1067 [ 29 Cal.Rptr.2d 693 ] (Shadow Traffic), to disqualify Minor’s counsel from further participation in the action, alleging Riley had improperly obtained confidential information during his telephone call with Landers (the conversation). Doctor asserted the unauthorized contact by Riley with Landers created a rebuttable presumption that confidential information had been improperly disclosed by Landers to Riley during the conversation, and Minor did not sustain the burden of showing Riley had not obtained…