SHOOKER v. SUPERIOR COURT OF LOS ANGELES COUNTY (WINNICK), B167889
The designation of a party as an expert trial witness is not in itself an implied waiver of the party's attorney-client privilege. If the designation is withdrawn before the party discloses a significant part of a privileged communication, or before it is known with reasonable certainty that the party will actually testify as an expert, the privilege is secure; if the party produces privileged documents or testifies as an expert, the privilege is waived.
- Decided 08/28/2003
- Published 08/28/2003
- California Court of Appeal
- For Appellant:
- Howarth & Smith, Don Howarth, Suzelle M. Smith and David K. Ringwood, Los Angeles, for Petitioners., Alschuler Grossman Stein & Kahan, Marshall B. Grossman, John A. Schwimmer and Ryan S. Hedges, Santa Monica, for Real Parties in Interest.
- For Appellees:
- No appearance for Respondent.