Blue Ridge Insurance Co. v. Superior Court

Petitioner Blue Ridge Insurance Company (Blue Ridge) sought a writ of prohibition and/or mandate directing respondent Superior Court of Los Angeles County to vacate its order requiring Blue Ridge to produce certain documents. The petition was denied. The Supreme Court thereafter granted Blue Ridge’s petition for review, and transferred the matter back to this court with directions to issue an alternative writ. We comply.

After reconsideration, we conclude that by filing a timely but unverified response to a request for production of documents, Blue Ridge did not waive its asserted privilege objections as the objections do not require a verification in order to be preserved. We therefore issue a peremptory writ.

Factual and Procedural Background

In December 1985, real parties in interest Harold Kippen and Frances C. Kippen (Kippens) submitted a claim to Blue Ridge under their homeowner policy for property damage caused by settling, cracking and separation of portions of their Tarzana home and rear yard improvements. On November 19, 1986, the Kippens filed suit against Blue Ridge for bad faith, breach of statutory duties, and fraud. On May 5, 1987, Blue Ridge was served…