University of Southern California v. Superior Court

This case involves a “Resident Evaluation Committee” which evaluates physician-residents enrolled in a postgraduate surgical training program. Evidence Code section 1157 generally exempts from discovery the proceedings and records of hospital quality evaluation committees or peer review committees. The issue in this case is whether section 1157 exempts from discovery the proceedings, written evaluations and related records of the Resident Evaluation Committee. The answer is yes.

Plaintiff Dorothy E. Comeau is a licensed physician. In 1992, she enrolled in a postgraduate surgical training program (the training program) at the University of Southern California Medical Center (Medical Center). The Medical Center is owned by the County of Los Angeles and operated by the county in conjunction with the University of Southern California (hereafter collectively USC). As a surgical resident, Dr. Comeau was a temporary civil service employee of the county, and was assigned to the Medical Center pursuant to an annual “housestaff contract.” In 1994, her contract was not renewed and she was dismissed from the training program. She sued, pleading breach of contract, wrongful…