California Court of Appeal

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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 If the designation is withdrawn before the party discloses a significant part of a privileged communication, or before it is known with reasonable certainty that the party will actually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.

Appellate Information

  • Decided 08/28/2003
  • Published 08/28/2003

Judges

  • VOGEL (MIRIAM A.), J.

Court

  • California Court of Appeal

Counsel

  • 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.
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