City And County Of San Francisco v. Superior Cour

37 Cal.2d 227, 231 P.2d 26, 25 A.L.R.2d 1418 (1951)

Facts

Hession sued the City and County of San Francisco (P) for personal injuries. Hession's attorney's retained Dr. Catton to give Hession a neurological and psychiatric examination for use in the litigation. In his deposition, Catton testified that he had no physical-patient relationship with Hession; that the sole purpose of the examination was to aid Hession's attorneys in preparing his case; and that he was an agent of the attorneys. Catton refused to answer questions regarding Hession's condition. Hession's attorneys claimed that the information was protected by the attorney-client privilege. P seeks a writ of mandamus to compel the court to order Catton to answer questions.