Department of Transportation v. Superior Court
Opinion
Opinion
Dossee, J.
I. Introduction
The Department of Transportation (Caltrans) is a defendant in a personal injury action brought by plaintiffs/real parties in interest Mark and Patricia Tate (the Tates). The action arises out of an automobile accident on Highway 37 in Solano County. According to the Tates’ complaint, the accident occurred when a vehicle driven by a third party crossed over the center line and struck Mark Tate’s vehicle. The complaint alleges that dangerous conditions on the highway contributed to the accident.
By this petition, Caltrans challenges a superior court discovery order requiring it to produce several categories of information to the Tates. Caltrans concedes that the information is generally subject to discovery under California law but contends that 23 United States Code section 409 preempts California law and protects the information from disclosure. Although we agree that section 409 preempts state law under certain narrowly defined circumstances, we hold that Caltrans has failed to carry its burden of demonstrating that the information at issue falls within the scope of the federal privilege. Therefore, we deny the petition.