City And County Of San Francisco v. Superior Court

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

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Nature of the Case

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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.