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Tag: Attorney-Client Privilege

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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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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