Arnett v. Dal Cielo

Opinion

MOSK, J.

Evidence Code section 1157 provides that the records of a hospital peer review committee are not “subject to discovery.” We address *7here the narrow issue whether an investigative subpoena issued by the Medical Board of California as part of its inquiry into the conduct of a physician with an apparent drug problem is “discovery” within the meaning of that statute. The trial court ruled that it is not and ordered compliance with the subpoena, and the Court of Appeal held to the same effect. We agree with those rulings, and therefore affirm the judgment of the Court of Appeal.

The…