Hiott

Hiott v. SUPERIOR COURT OF LOS ANGELES CTY.

Good Law
16 Cal. App. 4th 712·1993 Cal. App. LEXIS 619·20 Cal. Rptr. 2d 157·93 Daily Journal DAR 7523·93 Cal. Daily Op. Serv. 4445
Court of Appeal of CaliforniaJune 15, 1993B073304California2,317 words

Opinion

Opinion

Woods, J.

Petitioner, plaintiff in a personal injury action, seeks a writ of mandate to vacate a superior court order requiring petitioner to produce a videotaped conversation between her attorney and herself. Because substantial evidence supports the trial court’s finding that petitioner waived her attorney-client privilege (Evid. Code, § 912, subd. (a)) we deny the petition.

Procedural and Factual Background

On December 26, 1990, Barbara Hiott (petitioner) filed a complaint against Building Maintenance Service Company (BMS, Real Party in Interest) for personal injuries allegedly suffered in a slip and fall on January 4, 1990.

In due course, on August 28, 1991, BMS served on petitioner’s attorneys a demand for production of writings and documents (Code Civ. Proc., § 2031). Item No. 6 demanded: “All writings (as defined in Evidence Code Section 250) pertaining to or depicting the facts and events which form the basis of your Complaint including, but not limited to, statements, recordings, interviews, transcripts and correspondence.”

Petitioner’s response to item No. 6 (signed by her attorneys and verified by petitioner) was the following:

During the next six months BMS…

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