Mattco Forge, Inc. v. Arthur Young & Co

In Mattco Forge, Inc. v. Arthur Young & Co. (1992) 5 Cal. App. 4th 392, the Court held that the litigation privilege does not protect a negligent expert witness from a malpractice suit sounding in contract and tort by the party who hired the witness. The court distinguished cases in which the section 47 privilege was found to have shielded experts who were hired by an opposing party or hired jointly by adverse parties. Thus, the policy of freedom of access to the courts and encouragement of witness to testify would not be furthered by protecting the negligent expert. ( Mattco Forge, Inc. v. Arthur Young & Co., supra, at p. 404.)