Renovate America, Inc. v. Lloyd's Syndicate 1458

facts necessary to support a prima facie claim of privilege, the communication is 15 presumed to have been made in confidence and the opponent of the claim of 16 privilege has the burden of proof to establish the communication was not 17 confidential or that the privilege does not for other reasons apply.” Id. (citing Cal. 18 Evid. Code § 917(a)); Wellpoint Health Networks, Inc. v. Sup. Ct., 59 Cal. App. 4th 19 110, 123-24 (Cal. Ct. App. 1997). 20 “[T]o determine whether a communication is privileged, the focus of the inquiry is the dominant purpose of the relationship between the parties to the communication. Under that approach, when the party claiming the privilege shows the dominant purpose of the relationship between the parties to the communication was one of attorney-client, the communication is protected by the privilege.” Clark v. Sup. Ct., 196 Cal. App. 4th 37, 51 (Cal. Ct. App. 2011) (citing Costco, 47 Cal. 4th 739-40). 28 II. DISCUSSION The Court’s first task is to determine whether Plaintiff, as the party invoking 2 the attorney-client privilege, has met its burden to…