CITY AND COUNTY OF SAN FRANCISCO V. SUPERIOR COURT
37 Cal.2d 227, 231 P.2d 26, 25 A.L.R.2d 1418 (1951)
NATURE OF THE CASE: San Francisco (P) brought a proceeding in mandamus to compel the
Superior Court (D), to order a physician to answer certain questions in a personal injury
suit brought against P.
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 to questions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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