Alpha Beta Co. v. Superior Court

The issue herein is whether the trial court erred in ordering Alpha Beta Company’s vice president and general counsel to answer certain deposition questions over Alpha Beta’s claim of attorney-client privilege.

Dan Clark Sundy worked for Alpha Beta Company (a corporation) for approximately three and one-half years. After his separation from Alpha Beta he sought employment at Save-Mart Markets. At Save-Mart’s request, Sundy signed a form inquiry directed to Alpha Beta, requesting that Alpha Beta supply Save-Mart with information regarding Sundy’s employment with Alpha Beta. Alpha Beta’s report on Sundy was uncomplimentary of Sundy. Based on this communication, Sundy filed the underlying lawsuit herein for libel against Alpha Beta and Michael Evans, the store manager where Sundy had worked.

Pursuant to Code of Civil Procedure section 446, Alpha Beta’s answer to the complaint was verified on information and belief by Alpha Beta’s vice president, Delno G. Kanode. That answer denied generally the libel allegations and affirmatively alleged (among other affirmative defenses) that “all the assertions defendants have made about plaintiff are true.” The answer to the complaint…