Scottsdale Ins. Co. v. Superior Court of Los Angeles County

Plaintiff and petitioner, Scottsdale Insurance Company (Scottsdale), challenges an order compelling it to produce documents which it asserts fall within the attorney-client privilege. Directly at issue in this proceeding is application of subdivisions (f) and (k) of Code of Civil Procedure section 2031, part of the Civil Discovery Act of 1986 (§ 2016 et seq.). As pertinent, these sections state:

After review of the record, we conclude that Scottsdale has waived its attorney-client privilege with respect to the documents ordered to be produced and that the trial court did not abuse its discretion in denying relief pursuant to section 2031, subdivision (k).

Facts

Scottsdale’s action for declaratory relief seeks, inter alia, a declaration whether coverage exists in favor of real party in interest, Spyglass Homeowners Association (Spyglass), for a landslide which occurred in 1993. Spyglass was not originally a party to the underlying action but was added by amendment on January 29,1997. Spyglass filed a responsive pleading on April 3, 1997.

On January 29,1997, Scottdale’s counsel declared in response to a request by the court regarding "the status of the case: “Once…