Legal Opinion
Huntley v. Foster
California Court of Appeal
Decided June 1, 1995No. B085870PublishedCited by 7 opinions
1Opinion of the Court
Opinion
GILBERT, J.
A party in a personal injury action intends to have her treating doctor testify as to her injuries, treatment, and prognosis. Must she provide opposing counsel an expert witness declaration required by Code of Civil Procedure section 2034, subdivision (a)(2) for retained experts? No.
A treating doctor is not a retained expert for purposes of section 2034.
Plaintiff Cynthia Lynn Huntley appeals a stipulated judgment, agreed to by the parties after the trial court precluded Huntley’s treating chiropractor and podiatrist from testifying as expert witnesses. We reverse.
Facts
On…
2Cases cited4 opinions
- Zellerino v. BrownCalifornia Court of Appeal · 1991
- Connolly v. County of OrangeCalifornia Supreme Court · 1992
- Province v. Center for Women's Health & Family BirthCalifornia Court of Appeal · 1993
- Hurtado v. Western Medical CenterCalifornia Court of Appeal · 1990
3Cited by7 opinions
- Tudor Ranches, Inc. v. State Comp. Ins. FundCalifornia Court of Appeal · 1998
- Schreiber v. Estate of KiserCalifornia Supreme Court · 1999
- Miller v. PhillipsAlaska Supreme Court · 1998
- Plunkett v. SpauldingCalifornia Court of Appeal · 1997
- Tudor Ranches, Inc. v. State Compensation Insurance FundCalifornia Court of Appeal · 1998
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