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Stony Brook I Homeowners Ass'n v. Superior Court of San Diego County10/31/2000
mit meaningful cross-examination, by the same token the trial court's orders, by requiring a precise accounting of Dr. Schwab's expert practice, excessively intrude upon Dr. Schwab's legitimate privacy interests and unnecessarily threaten Stony Brook's right to present expert testimony on a material issue in the case. Thus, although Dr. Schwab should be required to provide a description of his practice sufficient to permit a factfinder to determine whether his opinions in this case have been influenced by any bias in favor of lawyers or parties who have retained his services, the trial court's orders must nonetheless be vacated.
Accordingly, let a writ of mandate issue commanding the trial court to vacate its orders of March 9, 2000, and March 10, 2000, and enter a new order directing that at his deposition Schwab provide plaintiff with the following information covering a three-year period of time: a numerical estimate of defense and plaintiff related medical-legal work, including exams, reports and deposition and court testimony, and a numerical estimate of the amount of income generated from said defense and plaintiff related litigation. If after a preliminary review of his files Schwab concludes this information can best be gathered by his voluntary use of a third party, such third party may compile the information and the costs shall be borne by Diehl. The trial court may, in its discretion and consistent with the views we have expressed herein, enter such further orders as it deems necessary.
The parties will bear their own costs with the exception of those noted above.
CERTIFIED FOR PUBLICATION
BENKE, J.
WE CONCUR.
McINTYRE, J.
WORK, Acting P. J.
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