Munguia-Brown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAVANNI MUNGUIA-BROWN, et al., Case No. 16-cv-01225-JSW (TSH) Plaintiffs,

DISCOVERY ORDER

v. Re: Dkt. Nos. 165, 170 EQUITY RESIDENTIAL, et al., Defendants. 12 Plaintiffs sue Defendants Equity Residential, et al., for two causes of action under California law. Plaintiffs allege that Defendants have a policy of charging tenants the greater of $50 or 5% of their outstanding balance for late rent payments. Plaintiffs claim this is an unlawful penalty under California Civil Code § 1671(d) and a violation of California Business and Professions Code § 17200. The present discovery dispute concerns Plaintiffs’ contention that in the course of opposing their summary judgment motion, Defendants selectively disclosed certain attorney-client privileged communications – namely, that outside counsel and in-house counsel advised that the late fee was legal – and Plaintiffs say this amounts to a subject matter waiver under Federal Rule of Evidence 502(a) of all such…