St. Mary Medical Center v. Superior Court

The question we address in this petition is whether or not the provisions of Code of Civil Procedure section 2034 preclude depositions of experts who are utilized in connection with summary judgment or summary adjudication proceedings if there has not yet been an exchange of experts pursuant to that section. We conclude that where a party presents evidence that raises a significant question relating to the foundation of an expert’s opinion filed in support of or in opposition to a motion for summary judgment or summary adjudication, a deposition limited to that subject should be allowed.

Statement of the Case

This is a medical malpractice action filed on June 23,1994, by real parties in interest, husband and wife Giovanni G. and Connie Mennella, against, among others, St. Mary Medical Center, John Baker, M.D. and Guy Mayeda, M.D., petitioners. It is alleged that petitioners, and other defendants, negligently rendered medical care to Giovanni resulting in injuries for which he seeks monetary damages. Connie alleges damages for loss of consortium.

After answering the complaint, petitioners filed a motion for summary judgment. No trial date had yet been set. They raised…