Dowden

Richard J. Koppel, Ventura, for Real Party in Interest.

Petitioner filed a petition for writ of mandate seeking relief from an order granting a motion to compel production of a diary. Petitioner, who is an in propria persona litigant, claims a work product privilege under Code of Civil Procedure section 2018. (All further statutory references are to the Code of Civil Procedure.) Without determining whether his diary is in fact work product, we conclude that litigants appearing in propria persona may assert section 2018's work product privilege. We grant the petition and remand the matter to the trial court to conduct an in camera review of the diary to determine whether it contains matter which is privileged under section 2018.

Real party in interest Daniel Dowden, plaintiff in the underlying action, and petitioner Douglas Dowden, defendant, are brothers. Following their mother's death they allegedly agreed to divide certain property held in joint tenancy. Real party in interest claimed petitioner breached the agreement and sued him for property damage and breach of contract. Petitioner cross-complained for conversion and breach of contract. Petitioner is…