Queen of Angels Hospital v. Superior Court

Petitioner Queen of Angels Hospital (Hospital) is a defendant in an action for personal injuries to real party in interest Carroll Jones, a minor (Jones). Pursuant to oral stipulation, Hospital caused Jones to be physically examined by Dr. Gabriel in Februaiy 1975, and at Jones’ request Hospital furnished Jones a copy of Dr. Gabriel’s written report. In July 1975 Jones took Dr. Gabriel’s deposition.

*373 Thereafter, Dr. Sugarman, who had previously examined Jones on Jones’ behalf, caused Jones to be further examined by Dr. Menkes, a specialist in pediatric neurology. Dr. Menkes made a written report of his findings and conclusions, dated October 29, 1975, and transmitted his report to Jones’ counsel. Hospital orally requested a copy of Dr. Menkes’ report, but Jones’ counsel refused to honor the request.

Pursuant to Code of Civil Procedure section 2032 Hospital then moved respondent superior court for an order requiring Jones to deliver a copy of Dr. Menkes’ report and for an order permitting Hospital to call Dr. Menkes as a witness free from any claim of privilege by Jones. Jones opposed both motions on the ground that Dr. Menkes’ report and testimony were attorney…