Legal Opinion

Sinaiko v. Superior Court

California Court of Appeal

Decided September 30, 2004No. C045502PublishedCited by 8 opinions

1Opinion of the Court

Opinion

RAYE, J.

In its next life, this case may raise fascinating issues involving the standard of care when a physician employs alternative therapies for children suffering from attention deficit and hyperactivity disorder (ADHD) or adults suffering from a wide assortment of hard-to-diagnose symptoms. But in the writ proceedings now before us, we are presented with a more basic deprivation of due process—the wholesale disqualification of petitioner’s experts.

The trial court acknowledged the “glaring error” but refused to remand the case to real party in interest Medical Board of California…

2Cases cited19 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. People v. KellyCalifornia Supreme Court · 1976
  4. Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESCalifornia Supreme Court · 1974
  5. Fukuda v. City of AngelsCalifornia Supreme Court · 1999

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3Cited by8 opinions

  1. Hall v. Superior Court of San Diego CountyCalifornia Court of Appeal · 2016
  2. Manufactured Home Communities, Inc. v. County of San Luis ObispoCalifornia Court of Appeal · 2008
  3. D.H. Williams Construction, Inc. v. Clovis Unified School DistrictCalifornia Court of Appeal · 2007
  4. Voices of Wetlands v. STATE WATER RES. BD.California Court of Appeal · 2008
  5. Greene v. California Coastal CommissionCalifornia Court of Appeal · 2019

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