Legal Opinion

Davis v. Superior Court

California Court of Appeal

Decided June 26, 1992No. F016770PublishedCited by 1 opinion

1Opinion of the Court

Opinion

BUCKLEY, J.

In this opinion, we hold that the mere act of filing a personal injury action asking for general damages for pain and suffering does not tender the plaintiff’s mental condition so as to make discoverable postinjury psychotherapeutic records.

The Case Below

On March 11, 1991, petitioner and her husband filed a complaint for damages for personal injuries suffered in an automobile accident on March 16, 1990. Real party in interest, the operator of a vehicle, was the only named defendant. Petitioner claimed compensatory damages for wage loss, hospital and medical expenses, general…

2Cases cited29 opinions

  1. Jacobellis v. OhioSupreme Court of the United States · 1964
  2. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  3. In Re LifschutzCalifornia Supreme Court · 1970
  4. Valley Bank of Nevada v. Superior CourtCalifornia Supreme Court · 1975
  5. Britt v. Superior CourtCalifornia Supreme Court · 1978

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3Cited by1 opinion

  1. Davis v. Superior CourtCalifornia Court of Appeal · 1992

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