2011-00111377-CU-MM
Robert Wallace vs. Nancy Appelblatt
Nature of Proceeding:
Filed By:
Motion for Protective Order
Zimmerman, Robert H.

The motion of Defendants Nancy Appleblatt, M.D. (“Dr. Appleblatt”) and Sacramento
Ear, Nose & Throat Surgical and Medical Group, Inc. (“Sacramento ENT”) (collectively
“Defendants”) for protective order is GRANTED.

Sacramento ENT has demonstrated that, pursuant to Evidence Code § 1157, the
January 2011 meeting notes that Plaintiff Robert and Ann Wallace wish to obtain are
peer-review materials that are not subject to disclosure. (See Evans Decl., ¶¶ 3-5.)
Evidence Code § 1157 establishes a broad immunity meant to encourage medical
professionals objectively and candidly to assess and improve quality of care. (See
Scripps Memorial Hosp. v. Superior Court (1995) 37 Cal.App.4th 1720, 1722.)
Although the court previously considered the peer review immunity in relation to
another discovery request in this case, it has not previously considered the request
now at issue.

Sacramento ENT is not required to serve a further response to the subject request
(No. 1 in the Fifth Set of Document Requests) or produce the notes.

Plaintiffs’ request for issue sanctions is DENIED. The minute order is effective immediately. No formal order pursuant to CRC 3.1312 or
further notice is required.