Ceresino

Gordon J. Ceresino appeals a judgment entered against him and in favor Of Fire Insurance Exchange and Farmers Insurance Group (collectively Farmers). The parties stipulated to the judgment to allow review of two pretrial rulings. Ceresino objects to the . court’s determination he is collaterally estopped from contending Farmers should indemnify him for a prior stipulated liability judgment in favor of David McCulloch. He also insists Farmers may not raise an “advice of counsel” defense, while refusing to produce documents pursuant to the attorney/client privilege.

I

In August 1982 at the Red Onion Restaurant, Ceresino became entangled with David McCulloch over the affections of a young lady. When she adjourned to the ladies’ room, Ceresino followed her—and McCulloch followed him. Ceresino was either “grabbed at” or “shoved from behind.” The result was the same; he fell down a flight of stairs.

Apparently, each combatant was restrained by a bouncer. Ceresino managed an escape and punched McCulloch. McCulloch was escorted outside while Ceresino was questioned by restaurant employees, eventually unceremoniously following in McCulloch’s footsteps.

Once outside, the melee…