City and County of San Francisco v. Superior Court
Supreme Court of California
231 P.2d 26 (Cal. 1951)
Relevant factsFree
James Hession sued the City and County of San Francisco (plaintiff, in this mandamus proceeding) for personal injuries; before trial, Hession's own attorneys arranged for Dr. Joseph Catton, who was not Hession's treating physician, to examine Hession solely to gather information for the lawsuit. At trial, Dr. Catton refused, on privilege grounds, to answer the City's questions about Hession's condition; the superior court declined to compel his testimony, and the City sought a writ of mandamus to force the doctor to answer.
IssueFree
Whether the attorney-client privilege applies to communications between a client and a physician hired by his attorney for the purposes of litigation.