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Tag: Attorney-Client Privilege

December 29, 2016

Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California) 16 C.D.O.S. 13548

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Download Publication The Supreme Court, in a four to three decision, holds whether an attorney client communication is privileged depends on whether the communication bears some relationship to the attorney’s legal services.  Invoices, transmitted to allow an attorney to collect a fee, may contain unprivileged information subject to disclosure under the Public Records Act, which […]

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September 17, 2016

Suarez v. Trigg Laboratories (2016) 3 Cal.App.5th 118

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Download Publication The Second District holds claims of concealment under the guise of attorney-client privilege are protected petitioning activity under California’s Anti-SLAPP statute. Rafael Suarez consulted with Trigg Laboratories and its owner Michael Trygstad to increase company profit and growth, prepare Trigg for an eventual sale, and raise capital under an oral agreement. After Suarez […]

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April 16, 2016

DP Pham, LLC v. Cheadle (2016) 246 Cal.App.4th 653

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Download Publication The Fourth District holds a court may not conduct an in camera review of attorney-client communications once the holder of the privilege makes a prima facie showing of privilege.   Robert Obarr worked closely with his assistant, Christi Torres Galla, and was represented by Attorney Kimes in a variety of matters. Obarr sold a […]

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March 17, 2016

Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176

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Download Publication The Supreme Court holds inadvertent disclosure of attorney-client privileged and work product protected documents pursuant to a Public Records Act request does not constitute waiver, and the claw back rules of inadvertently disclosed documents apply. Plaintiff filed a class action lawsuit against Defendant City challenging the validity of a certain tax and seeking […]

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January 30, 2015

Anten v. Superior Court (Weintraub Tobin Chediak Coleman Grodin) (2015) 233 Cal.App.4th 1254

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Download Publication The Second District holds one joint client cannot prevent discovery or the introduction of privileged communications created during a joint client representation. Anten and the Rubins jointly retained attorneys at the Weintraub Tobin firm concerning their prior counsel’s tax advice. Weintraub opined the prior lawyers’ error precluded the clients from seeking favorable tax […]

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November 25, 2014

Edwards Wildman Palmer v. Superior Court (Mireskandari) (2014) 231 Cal.App.4th 1214

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Download Publication The Second District holds communications between a law firm’s in house counsel and one of its attorneys about a current client are protected by the attorney-client privilege. Shahrokh Mireskandari retained Edwards Wildman Palmer LLP attorney Dominique Shelton to represent him in an invasion of privacy lawsuit.  Soon after the firm filed a complaint, […]

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July 28, 2014

St. Croix v. Superior Court (Grossman) (2014) 228 Cal.App.4th 434

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Download Publication The First District holds the attorney-client privilege is not curtailed by statutes and ordinances requiring disclosure of information from public agencies.   Allan Grossman submitted a request under the California Public Records Act (CPRA) and San Francisco’s Sunshine Ordinance for documents related to the San Francisco Ethics Commission’s development of regulations. The Commission […]

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June 27, 2013

DeLuca v. State Fish Co., Inc. (2013) 217 Cal.App.4th 671

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Download Publication  The Second District holds neither the attorney-client privilege nor work product protection precludes counsel’s contact with an opposing expert who has already testified, and disqualification is not warranted.  State Fish Company, Inc. (State Fish), a seafood business owned and operated by the DeLuca family sued its former director, John DeLuca, who opened a […]

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February 15, 2013

In re Elijah W. 2013 WL 663281

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Download Publication The Second District holds that a psychotherapist retained to assist counsel comes under the umbrella of the attorney-client privilege. Elijah W. was under the jurisdiction of the juvenile court on a charge of arson.  His counsel requested appointment of Dr. Catherine Scarf as an expert witness to assist by conducting psychological evaluations, assessments, and other […]

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January 16, 2013

Rickley v. Goodfriend (2013) 212 Cal.App.4th 1136 (rev. denied April 10, 2013)

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Download Publication The Second District holds over a strong dissent an attorney-client conspiracy was properly alleged.  The attorneys owed independent legal duties to the plaintiffs, and thus claims were not precluded by the agent’s immunity rule.  The litigation privilege did not apply, because the communications and affirmative misconduct of the attorneys interfered with the abatement […]

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