Legal Opinion

Montgomery v. Superior Court of Orange County

California Court of Appeal

Decided July 16, 2010No. G042602PublishedCited by 1 opinion

1Opinion of the Court

Opinion

SILLS, P. J.

Laura and Douglas Montgomery (the Montgomerys) are the plaintiffs in a medical malpractice action against physician Mark Knight. They petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation. The trial court found the expert created an irreconcilable conflict of interest for Knight’s counsel because he had represented the expert 10 years before. Petitioners contend the prophylactic removal was unnecessary because their expert waived any conflict of interest arising out of the previous…

2Cases cited6 opinions

  1. Flatt v. Superior CourtCalifornia Supreme Court · 1994
  2. Goldstein v. LeesCalifornia Court of Appeal · 1975
  3. Los Angeles County Department of Children & Family Services v. Shadonna C.California Supreme Court · 2008
  4. Hernandez v. PaiciusCalifornia Court of Appeal · 2003
  5. W. Dig. Corp. v. Superior Court of Orange Cty.California Court of Appeal · 1998

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3Cited by1 opinion

  1. Jun Ki Kim v. True Church Members of Holy Hill Community ChurchCalifornia Court of Appeal · 2015

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