Wins

California Evidence Code section 1157 shields from civil discovery the records and proceedings of medical peer review committees.  Based on this shield, a medical group facing a negligent hiring suit objected to several discovery requests that called for peer-review-related material.  The trial court overruled the objection and ordered the medical group to respond to the requests.

GMSR filed a writ petition on behalf the medical group, asking the Court of Appeal to review the ruling on an interlocutory basis.  The Court of Appeal has discretion in whether to consider such petitions, and most are summarily denied.  Despite those long odds, here, after receiving additional briefing and amicus letters, the Court of Appeal considered the petition on the merits, and ordered the trial court to either (a) vacate its order and reconsider whether to compel discovery in light of the governing standards, or (b) explain why it should not be required to do so.

Click here to read the Court of Appeal, Second District Division Eight’s Order and Alternative Writ of Mandate:  Facey Medical Group v. Superior Court (Aug. 30, 2022, B320470).