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California Court of Appeal

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Shandralina G. v. Homonchuk, D048345

In medical malpractice case, grant of motion disqualifying plaintiff's counsel for contacting expert retained by defendant and for failing to meet the burden that counsel did not obtain confidential information, is reversed as there is insufficient evidence that the expert disclosed confidential information to counsel during the conversation and, thus, the court's error in misallocating of the burden of proof could not be deemed harmless.

Appellate Information

  • Decided 02/01/2007
  • Published 02/01/2007


  • McDONALD, J.


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Brian R. Riley, Brian R. Riley, San Diego, Lorin R. Clark;  Palecek, Skaja & Broyles, Dean R. Broyles, Carl J. Skaja, Escondido, and Robert M. Daniels, for Plaintiff and Appellant.

  • For Appellees:
  • The Medel Law Firm, Kenneth J. Medel and Katherine T. Weadock, for Defendant and Respondent.
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