PSC Geothermal Services Co. v. Superior Court

PSC Geothermal Services Company (PGS) and Ormesa Operators are being investigated by the Imperial County District Attorney (District Attorney) and the Department of Toxic Substance Control for the alleged improper disposal of geothermal filters at a local landfill. Petitioners’ attorneys engaged the services of Environ and Analytical Technologies Inc. (ATI), environmental consultants, to assist in preparing the defense against potential civil and criminal suits. On October 28,1993, search warrants were executed on the environmental firms. The warrants sought “all correspondence, paper, electronic or otherwise . . .” from employees at Environ and “correspondence” from those at AH to lawyers at the firm representing PGS. PGS complains the District Attorney did not follow the special master procedures set out in Penal Code section 1524, the court did not grant a hearing to determine whether the items in question are privileged, the court erroneously sealed the affidavit in support of the search warrant and the court would not allow PGS to number and copy the seized material. PGS brought a petition for writ of mandate to this court and a stay was issued. After issuance of the…