KALABA

KALABA v. Gray

Good Law
116 Cal. Rptr. 2d 570·2002 Cal. App. LEXIS 1350·2002 Daily Journal DAR 1577·95 Cal. App. 4th 1416·2002 Cal. Daily Op. Serv. 1309
Court of Appeal of CaliforniaFebruary 7, 2002B148401California2,932 words

Opinion

Opinion

Vogel, J.

Although a designation of retained experts must be accompanied by the “expert witness declaration” described in Code of Civil Procedure section 2034, subdivision (f), no expert declaration is required for a treating physician who will be called to testify at trial as an expert witness. (Bonds v. Roy (1999) 20 Cal.4th 140 [ 83 Cal.Rptr.2d 289 , 973 P.2d 66 ]; Schreiber v. Estate of Kiser (1999) 22 Cal.4th 31 [ 91 Cal.Rptr.2d 293 , 989 P.2d 720 ].) But the transformation from treating physician to expert does not occur unless the treating physician is identified by name and address in the proponent’s designation, and it is not enough that a plaintiff has “designated” as experts “all past or present examining and/or treating physicians.”

Facts

In 1996, Kathy Kalaba sued Robert Gray, M.D., for medical malpractice, alleging that in 1989 he had negligently failed to find an adrenal tumor. Dr. Gray answered and discovery ensued. In July 1999, in response to Dr. Gray’s demand for the exchange of expert witness information, Ms. Kalaba served her designation of expert witnesses. (Code Civ. Proc., § 2034.) As relevant to this appeal, Ms. Kalaba identified two medical experts (Alan…

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