National Steel Products Co. v. Superior Court

Petitioner, National Steel Products Company, seeks review of an order granting real party in interest, Jules Rosen dba Pantsmaker, discovery of a report prepared by an expert identified as a witness for petitioner in the instant case. Petitioner argues that the report should be non-discoverable because of the attorney-client and work product privileges, and, in the alternative, that the report should be discoverable only to the extent it is relevant.

The expert’s report is a technical engineering analysis of a metal building in New York. It was prepared in 1979 to assist counsel in prior New York litigation in which it was alleged that the building was, among other things, negligently designed, fabricated, and erected by petitioner. Real party in interest was not a party to that litigation. No portion of the report was ever disclosed during the New York litigation. Three pages of the calculations also prepared by the expert were disclosed, one page by court order, two pages voluntarily. The expert was neither deposed nor identified as a trial witness in the New York litigation. The New York litigation was settled prior to trial.

In the instant litigation, real party in…