Munguia-Brown
Munguia-Brown v. Equity Residential
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAVANNI MUNGUIA-BROWN, et al., Case No. 16-cv-01225-JSW (TSH) 8 Plaintiffs,
DISCOVERY ORDER
9 v. Re: Dkt. Nos. 165, 170 10 EQUITY RESIDENTIAL, et al., 11 Defendants. 12 13 Plaintiffs sue Defendants Equity Residential, et al., for two causes of action under 14 California law. Plaintiffs allege that Defendants have a policy of charging tenants the greater of 15 $50 or 5% of their outstanding balance for late rent payments. Plaintiffs claim this is an unlawful 16 penalty under California Civil Code § 1671(d) and a violation of California Business and 17 Professions Code § 17200. The present discovery dispute concerns Plaintiffs’ contention that in 18 the course of opposing their summary judgment motion, Defendants selectively disclosed certain 19 attorney-client privileged communications – namely, that outside counsel and in-house counsel 20 advised that the late fee was legal – and Plaintiffs say this amounts to a subject matter waiver 21 under Federal Rule of Evidence 502(a) of all such…