Playboy Enterprises, Inc. v. Superior Court

By petition for writ of mandate, Playboy Enterprises, Inc., a nonparty to the underlying civil action, seeks to vacate a trial court order compelling it to produce in discovery all records and editorial materials in its possession concerning an interview of plaintiffs Richard Marin and Thomas Chong from which an article published in Playboy’s monthly magazine was derived. Defendants below, Greene & Reynolds, seek the materials for the purpose of verifying the accuracy of certain statements attributed to plaintiff Marin in the published article, which statements Marin now denies he made. Defendants contend that the materials sought might be used at trial to impeach the credibility of plaintiff Marin and to demonstrate that plaintiffs were not defrauded.

Two principal issues are raised by this petition.

I

First, what is the scope of protection afforded by Evidence Code section 1070 and article I, section 2 of the California Constitution concerning undisseminated notes and other tangible records and editorial drafts of a magazine publisher from which a published interview article is derived?

II

Second, in the context of civil ligitation, does the interest of a nonparty…