Kaiser Found. Hosps. v. Superior Court of San Mateo Cty.

—In this sex discrimination and sexual harassment action, petitioners Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and the Permanente Medical Group, Inc. (hereafter referred to collectively as Kaiser) have petitioned for issuance of a peremptory writ of mandate directing the respondent trial court to vacate its order granting a motion to compel production of documents assertedly protected by the attorney-client privilege. The important issue before us is the extent to which an employer may assert the protection of the attorney-client privilege and the attorney work product doctrine as to documents contained in its investigation files, where the employer pleads the adequacy of its prelitigation investigation into the claimed misconduct as a defense in the action. The trial court ruled that the employer could be compelled to produce documents otherwise protected by the attorney-client privilege and the attorney work product doctrine, despite the fact the employer had already produced most of the documents in its investigation files pursuant to a written stipulation between the parties that such production did not constitute a waiver of these privileges…