During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded […]
Arbitrator May Rule On Pitchess Motion In Administrative Appeal.
This case involves an administrative appeal from discipline imposed on a correctional officer who was fired for falsifying payroll records. The California Supreme Court held that in an administrative appeal from discipline imposed on the officer, an arbitrator may rule upon a discovery motion for officer personnel records, referred to as a Pitchess motion [Pitchess […]
Sanctions Awarded Against Nonparty Who Brought Motion To Quash.
In marital dissolution proceedings, the husband issued a subpoena seeking the wife’s bank records. Unbeknownst to the husband, some of the wife’s father’s financial information was contained in those accounts. The wife’s father filed a motion to quash on September 5 arguing he had been given insufficient notice of the subpoena. A hearing date of […]
Battle Over Cost Of Discovery Of Electronically Stored Information.
Former students of a culinary school allege they were defrauded into enrolling by means of misrepresentations about graduation rates, employment prospects and anticipated income levels. Plaintiffs’ first attempt at obtaining information about school documents for 800 plaintiffs was pursuant to a business records subpoena. Under Evidence Code section 1563, defendants offered to comply if plaintiffs […]
Insurance Company Ordered To Turn Privilege Documents Over To Its Own Attorneys.
In a wrongful termination action, an insurance company defendant withheld or redacted documents requested on the ground they contain privileged or confidential information. Further, the insurance company insisted parties could not disclose the information, even to their own attorneys in the case. The superior court ordered the document in each party’s possession could be disclosed […]
The Confusing World Of Requests For Admissions.
In an appeal following a trial concerning a property line dispute, an appellant contended the trial court abused its discretion in denying costs after the other side failed to admit a request for admission. The requests for admissions asked the party to admit “the boundary lines between plaintiffs’ property and defendants’ property are accurately described […]
Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.
Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]
Junction Of Civil Procedure Statutes In Expert Exchange Context.
The trial court precluded plaintiff’s use of expert witnesses in a medical malpractice case on the ground plaintiffs unreasonably failed to timely disclose their designated trial experts after receiving a statutory demand from defendants. The initial trial date was February 14, 2012. Defendants served their demand for expert exchange on December 6, 2011 [70 days […]
Previously We Reported: Newspaper Entitled To Names Of Officers Records Involved In Shooting. Affirmed By California Supreme Court.
The Los Angeles Times made a request under California’s Public Records Act [Government Code section 6250] seeking the names of police officers involved in a December 2010 officer involved shooting in Long Beach as well as the names of officers involved in all shootings over the previous five years. The City initially said it intended […]
Access To Emails Of Public Officials & Employees On Their Private Accounts.
A man asserted a right to inspect specified written communications, including email and text messages, sent to or received by public official and employees on their private electronic devices using their private accounts. The appellate court said the issue is whether those private communications, which are not stored on City servers and are not directly […]
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