State Ex Rel. Division of Industrial Safety v. Superior Court

We have before us in this extraordinary writ proceeding the question of whether a discovery order of respondent superior court violates the official information privilege. The discovery order at issue was entered upon motion of the real parties in interest in their four personal injury and wrongful death actions that arose out of the collapse of a bridge, under construction by Polich-Benedict Construction Co., over the Arroyo-Seco near Pasadena. The order directs certain agencies of the State of California that are codefendants with Polich in these actions, including the Division of Industrial Safety (Division): (1) to answer interrogatories by identifying certain documents and materials in their possession; (2) to answer questions, through their deponents, concerning pre-collapse reports, investigations, complaints and procedures; and (3) to produce documents in their possession containing pre-collapse information, reports, etc. Only the Division challenges the order.

I

Absolute Privilege

The Division takes the position that all of the information sought by the real parties in interest is absolutely privileged from disclosure. It points, first, to the provisions of…