St. Mary Medical Center v. Superior Court

Opinion

HASTINGS, J.

The question we address in this petition is whether or not the provisions of Code of Civil Procedure section 2034 1 preclude depositions of experts who are utilized in connection with summary judgment or summary adjudication proceedings if there has not yet been an exchange of experts pursuant to that section. We conclude that where a party presents evidence that raises a significant question relating to the foundation of an expert’s opinion filed in support of or in opposition to a motion for summary judgment or summary adjudication, a deposition limited to that subject…