HINSHAW, WINKLER, DRAA, MARSH v. Superior Court

Good Law

1996 Cal. App. LEXIS 1124·51 Cal. App. 4th 233·58 Cal. Rptr. 2d 791·96 Daily Journal DAR 14409·96 Cal. Daily Op. Serv. 8726

Court of Appeal of CaliforniaDecember 2, 1996H015185California3,111 words

Opinion

Wunderlich, J.

The Hinshaw law firm petitions for a writ of mandate/ prohibition regarding the trial court’s order permitting discovery of the confidential settlement in a doctors’ class action suit against Kaiser Foundation Hospitals (Kaiser). The underlying action, brought by plaintiffs and real parties Doctors Kauffman and Chronister, is legal malpractice against Hinshaw for dropping them from the case before it settled. Because we find the material sought is protected by the right to privacy, we will grant the petition.

Statement of Facts

This writ petition arises out of an action for legal malpractice brought by plaintiffs against their former lawyers, the Hinshaw law firm (petitioner). The original lawsuit was entitled Muhawi v. Kaiser Foundation Hospitals (Super. Ct. Santa Clara County, 1992, No. 718428) and was brought by 23 physicians against Kaiser and related entities for grievances related to Kaiser’s purchase of Santa Teresa Hospital in 1976 and its operation of the facility. The Hinshaw firm represented all the plaintiffs in the Muhawi action.

Kauffman and Chronister dismissed their claims against Kaiser, for reasons which are in factual dispute. Then the remaining…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.