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Tag: Attorney-Client Privilege

January 15, 2013

Bank of America, N.A. v. Superior Court (2013) 212 Cal.App.4th 1076

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Download Publication The Fourth District holds that a tripartite attorney-client relationship exists between an insurer, an insured, and counsel when retained to prosecute an action to protect the interests of the insured.  Communications within the tripartite relationship are protected by privilege.  Bank of America refinanced Helena Cho’s home mortgage.  The terms of the loan included […]

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May 23, 2012

Kerner v. Superior Court (Widom) (2012) 206 Cal.App.4th 84

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Download Publication The Second District holds there is no implied waiver when a client’s medical condition precludes assertion of the attorney-client privilege.  When both an attorney and a client declare the existence of the relationship in uncontroverted declarations, the court should acknowledge the relationship even if the attorney does not appear as counsel of record.  […]

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May 10, 2012

In re Pacific Pictures Corp. 2012 WL 1640627 (9th Cir. 2012)

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Download Publication The Ninth Circuit rejects the theory of “selective waiver” of the attorney-client privilege.  Thus, a party’s compliance with a governmental subpoena without asserting the privilege is a waiver. In 1938 Jerome Siegel and Joe Shuster ceded their intellectual property rights in their character, Superman, to D.C. Comics (D.C.).  Almost sixty years later attorney and […]

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January 25, 2012

US v. Gonzalez (2012) 2012 WL 206266

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Download Publication The Ninth Circuit holds that a defendant’s motion raising claims of ineffective assistance of counsel does not unilaterally waive a joint defense privilege. Louis Gonzalez and his wife, Katherine Paiz were convicted in separate trials of insurance fraud involving arson of Paiz’s car.  Gonzalez initially told the FBI that he had burned the […]

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June 28, 2011

Fireman’s Fund Insurance Company v. Sup.Ct. (Front Gate Plaza, LLC) (2011) 196 Cal.App.4th 1263

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Download Publication The Second District holds that communications among attorneys at a law firm are protected by the attorney-client privilege.  Unwritten work product is absolutely protected.  Front Gate Plaza, LLC sued Fireman’s Fund Insurance Company (FFIC) for bad faith in handling property damage claims.  Sunil Chand, an employee of Primero Management, Inc., a Front Gate […]

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June 2, 2011

Clark v. Superior Court (Verisign) (2011) 196 Cal.App.4th 37

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Download Publication The Fourth District affirms the trial court’s disqualification of counsel for reviewing and failing to immediately return attorney-client privileged documents. Grant Clark, represented by Higgs, Fletcher & Mack LLP (“Higgs”), sued VeriSign, Inc. for wrongful termination.  The trial court disqualified Higgs after it found the firm had received and excessively reviewed privileged documents.  […]

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May 23, 2011

Reilly v. Greenwald & Hoffman, LLP (2011) 196 Cal.App.4th 891

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Download Publication The Fourth District holds that an attorney must be dismissed on demurrer from a shareholder derivative suit where there is no indication that the corporation has waived the privilege and thus the attorney is unable to reveal attorney-client communications in his defense.  Minority shareholder Mark S.  Reilly filed a shareholder derivative action against […]

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January 14, 2011

Holmes v. Petrovich Development Co. (2011) 191 Cal.App.4th 1047

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Download Publication The Third District holds that attorney-client communications transmitted from an employer’s computer are not privileged. Shortly after Gina Holmes began working for Paul Petrovich as his executive assistant, she announced her pregnancy.  After an e-mail exchange about the issues with her employer, she used her company e-mail account to communicate with her counsel […]

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September 3, 2010

Favila v. Katten Muchin Rosenman, LLP (2010) 188 Cal.App.4th 189

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Download Publication The Fourth District holds that attorneys who participate in fraudulent misrepresentations violate an independent duty and may be held liable for conspiracy with their client.  A shareholder derivative action may be precluded by the attorney-client privilege, but courts need to carefully examine questions of waiver and should not dismiss an action when it […]

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May 12, 2010

Hernandez v. Tanninen et al., (2010 9th Cir.) 604 F.3d 1095

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Download Publication The Ninth Circuit holds that a claim dependent upon attorney-client or work product information constitutes an implied waiver as to all communications on the specific topic of the claim, but not a blanket waiver as to all attorney-client or work product privileged information. Rolando Hernandez filed suit against the City of Vancouver and […]

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