Rubalcava
Rubalcava v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 LIONEL RUBALCAVA, Case No. 20-cv-04191-BLF (VKD)
Plaintiff,
ORDER RE DISCOVERY DISPUTES
v. RE WORK PRODUCT PROTECTION
CITY OF SAN JOSE, et al., Re: Dkt. Nos. 99, 100 Defendants.
13 The parties dispute whether and to what extent plaintiff Lionel Rubalcava has waived attorney work product protection for documentation reflecting his former counsel’s investigation in support of Mr. Rubalcava’s successful state court habeas petition to vacate his 2003 conviction. Dkt. Nos. 99, 100; Dkt. No. 118 ¶ 143. For the reasons explained below, the Court concludes that Mr. Rubalcava waived work product protection regarding the contents of the witness statements described in Ms. Kaneb’s declaration, but that Mr. Rubalcava has not waived work product protection with respect to the witnesses referenced in his complaint and identified in his initial disclosures. I. BACKGROUND In this…