NFLP
National Football League Properties, Inc. v. Superior Court
Opinion
Opinion
Premo, J.
I. Introduction
The Oakland Raiders (hereafter, Raiders) football club has sued the National Football League (hereafter, NFL), National Football League Properties, Inc. (hereafter, NFLP), and many other NFL-related entities and persons, generally alleging that NFL management’s wrongful control of the NFL entities has resulted in a breach of fiduciary duty and adverse treatment of the Raiders. During litigation, a discovery dispute arose concerning the Raiders’ right to inspect the corporate documents of NFLP, which are protected by the attorney-client privilege.
Respondent court ordered NFLP to produce its attorney-client privileged documents to the Raiders on grounds that the club has a director’s right of inspection. NFLP objected to the order, and filed a petition for writ of mandate arguing that the Raiders club is a shareholder which does not have a right to inspect corporate documents which are protected by the attorney-client privilege. We agree with NFLP, and therefore issue a peremptory writ of mandate directing respondent court to vacate that portion of its discovery order which compels production of attorney-client privileged documents by NFLP.